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SANJAY KUMAR MEDHI
Ahsim Sinha, S/o Sri Lalit Sinha – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Shri AR Sikdar, learned counsel for the petitioner. Also heard Shri G. Bokalial, learned State Counsel appearing for the respondents.
2. The challenge in this writ petition is with regard to cancellation of a Fair Price Shop license of the petitioner vide order dated 27.09.2011 and also the order dated 20.11.2013 by which the appeal has been rejected.
3. As per the facts projected, the concerned license was initially in the name of the father of the petitioner and was later transferred to the petitioner. By referring to the grounds / allegations, the learned counsel for the petitioner has submitted that one of the grounds was a discrepancy with regard to issuing a memo for lifting of certain commodities and the date of actually lifting. To be more specific, while the memo was dated 05.02.2011, the actual lifting was on 15.02.2011. The allegation perse has not been denied. However, there is an explanation that since the entry was done during the time of the father of the petitioner, the same happened due to some inadvertence and there was no lack of bonafide.
4. The second allegation is with regard to running the Fair Price Shop from the residence of the petitioner. How
The court's role in judicial review is to ensure the lawfulness of the decision-making process, not the soundness of the decision.
Fair price shop licenses cannot be cancelled without conducting a proper inquiry and adhering to principles of natural justice, including providing a show cause notice and opportunity to respond.
Point of law: A contract wherein the beneficiary is the common man/people of the village who would receive the food-grains at subsidized rates out of taxpayers money. The license is a privilege arisi....
The main legal point established in the judgment is the requirement for a full and proper inquiry before the cancellation of a license, adherence to rules of natural justice, and the importance of gi....
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
The main legal point established in the judgment is the requirement for proper enquiry and opportunity of personal hearing as mandated by the Control Order, 2018, and the violation of principles of n....
Cancellation of fair price shop agreement should be based on evidence and material on record, not on presumptions and conjectures.
Point of Law : Proceedings for cancellation on a charge of short distribution or short measurement is a stigmatic order that visits a fair price shop dealer with adverse civil consequences. It impact....
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