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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Reshma Parveen W/o Iftikar Ahmed Laskar – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. cancellation of license under the assam order of 1982. (Para 2) |
| 2. arguments regarding the existence of alternative remedies and disputed facts. (Para 3 , 4 , 6) |
| 3. court's observations on the need for factual adjudication. (Para 5 , 7 , 8) |
| 4. legal directions regarding appeal process and authority. (Para 9) |
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 hav
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.
The court emphasized that a continuation of suspension beyond stipulated periods violates procedural norms, necessitating personal hearings in license cancellation procedures.
Licensing Authority must provide specific reasons in cancellation orders; non-speaking orders violate principles of natural justice and are unsustainable in law.
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.
Point of Law : The petitioner was served with a show-cause notice for violation of clauses 3(a) (b) of license amounting to violation of Section 18 of the Assam Public Distribution of Articles Order,....
A suspended license under the Assam Public Distribution of Articles Order must have timely cancellation proceedings initiated within 90 days; otherwise, the suspension becomes invalid.
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