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SANJAY KUMAR MEDHI
TAPADHIR KANTI DAS – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. An order dated 01.04.2013 of cancellation of the PDS license in the name of the petitioner is the subject matter of challenge in this petition. The said order was upheld by the appellate authority as well as the second appellate authority and thereafter, the writ petition has been filed.
2. As per the facts projected, the petitioner was the license holder for distribution of SK Oil. Initially such distribution was done in the ratio of 70:30 through PDS and through Hawkers. In the course of this business, there were complaints by the Hawkers Association on the issue that the petitioner was not allotting adequate materials to them and was rather allotting the materials to certain non-license holders. On the aforesaid allegation, initially an order was passed on 24.03.2009, whereby the license of the petitioner was suspended. A show-cause notice was also issued to him, which the petitioner had replied. Thereafter, on 10.08.2009, the suspension order was revoked by the SDO (Civil). Such revocation was however restricted to 70% of the distribution which was to be done through PDS and so far as the 30% was concerned, which was to be done through Hawkers,
The court affirmed that procedural compliance and prior misconduct can justify the cancellation of a PDS license under the Assam Public Distribution of Articles Order, 1982.
The main legal point established in the judgment is the requirement for the Licensing Authority to provide reasoned decisions, consider specific pleas and evidence, and adhere to principles of natura....
Licenses canceled without due process violate the principles of natural justice, and rules cannot change mid-selection process.
Administrative actions taken without authority of law are nullities, necessitating legal enforcement of regulatory frameworks for public distribution licenses.
The exercise of extraordinary jurisdiction under Article 226 is not to review the merits of a decision but to ensure jurisdictional correctness and procedural fairness.
The court affirmed that a licensee does not possess a fundamental right to operate a fair price shop and that the inquiry process regarding license cancellation is summary in nature, aligning with pr....
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