The court reaffirms that matters requiring fact-finding should be addressed by the appropriate statutory authority while allowing the petitioners to appeal against the cancellation of their license.

JUDGMENT AND ORDER (ORAL)

DEVASHIS BARUAH, J.

Heard Mr. B. Sinha, the learned counsel appearing on behalf of the petitioners. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the respondent Nos. 1, 2 & 3; Mr. R. B. Goswami, the learned counsel appears on behalf of the respondent Nos.4, 5 & 6.

2. The present writ petition has been filed challenging the order dated 28.10.2022 passed by the Superintendent, Food and Civil Supplies and CA, Silchar whereby the petitioners license was cancelled under Clause 15(2) of the Assam Public Distribution of Articles Order, 1982 (for short, ‘the Order of 1982’) for the reasons stated therein.

3. Ms. U. Das, the learned Additional Senior Government Advocate submitted that this Court may not like to exercise its writ jurisdiction in the instant writ petition taking into account that the petitioners have alternative and efficacious remedies. She further submitted that various disputed questions of facts have also to be ascertained as to whether there was any violation by the petitioners to the terms of the license as well as the Order of 1982.

4. Mr. B. Sinha, the learned counsel appearing on behalf of the petitioners, however, submitted that the very basis on which the impugned cancellation order was passed is no longer valid in view of the final report being submitted in respect to Udharbond P. S. Case No.271/2021 registered under Sections 409/468/420 of the IPC.

5. It is the opinion of this Court that these aspects are required to be dealt with by a forum wherein adjudication of facts can be carried out.

6. The learned counsel for the respondents though submitted that there is an alternative and efficacious remedy, but, it is pertinent to observe that the time permitted under Clause 29 of the Order of 1982 is only 30 days from the date of the said order of cancellation.

7. Taking into account that the petitioners herein, if relegated to the Statutory Authority has also to be given an opportunity to file the said Appeal.

8. Accordingly, this Court, therefore, taking into account the subsequent cause of action, i.e. the submission of the final report in respect to Udharbond P. S. Case No.271/2021 and the final report having been accepted by the Court vide an order dated 18.05.2023, is of the opinion that the petitioners should be granted an opportunity to avail the remedy by way of appeal before the Appellate Authority in terms with Clause 29 of the Order of 1982.

9. Accordingly, this Court, therefore, disposes of the instant writ petition with the following observations and directions:

(i) This Court has not dealt with the merits as regards the legality or validity of the impugned order dated 28.10.2022 whereby the petitioners’ license has been cancelled.

(ii) The petitioners herein are granted liberty for a period of 30 days from today to file an Appeal before the Appellate Authority in terms with Clause 29(2) of the Order of 1982.

(iii) It is further observed that in the circumstance the petitioners file the Appeal within the period as permitted, the Appellate Authority shall decide the same on merits and without going into the question of limitation.

(iv) The present order should not influence the Appellate Authority in deciding the Appeal.

(v) The present order shall not preclude the petitioners to approach this Court, should the Appeal be decided against the petitioners.