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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
M. Musur Uddin Ahmed, Son Of Late Kajim Uddin – Appellant
Versus
State Of Assam, represented by The Commissioner And Secretary To The Government Of Assam, Department Of Food And Civil Supplies And Consumer Affairs – Respondent
| Table of Content |
|---|
| 1. overview of the petitioners' grievances regarding license suspension. (Para 1 , 2 , 3) |
| 2. contentions on the lack of enquiry report disclosure. (Para 4 , 5) |
| 3. court's observations on the necessity for due process. (Para 6 , 7 , 8) |
| 4. conclusion granting petitioners additional time for submission. (Para 9) |
| 5. directive to resolve the show cause proceedings effectively. (Para 10) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. J. M. A. Choudhury, the learned counsel appearing on behalf of the petitioners. Mr. K. Gogoi, the learned counsel appears on behalf of the respondent Nos.1, 2, 3, 4 & 6 and Ms. S. T. Bakht, the learned counsel appears on behalf of the respondent No.5.
2. The petitioners herein have assailed the order dated 20.07.2024 whereby the petitioners’ license was suspended and further is aggrieved by the non-consideration of the Appeal filed. The petitioners have sought for appropriate directions for disposal of the Appeal at the earliest.
3. It is seen that pursuant to the notice being issued on 26.11.2025 and the order passed by this Court on 03.12.2025, an affidavit-in-opposition has been filed by the respondent Nos.3 & 4.
4. Mr. J. M. A. Choudhury, the learned cou
The court reaffirmed that principles of natural justice require that all relevant materials are disclosed to parties involved, and directed timely decisions on show cause proceedings.
The court emphasized that a continuation of suspension beyond stipulated periods violates procedural norms, necessitating personal hearings in license cancellation procedures.
Quashing of the cancellation order as it violated natural justice by lacking reasons, requiring reasoned decisions in quasi-judicial actions.
Administrative action must ensure compliance with principles of natural justice, granting all parties the right to defend against allegations made.
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.
Suspension of P.D.S. license without due process and opportunity to respond violates principles of natural justice, necessitating annulment and proper reconsideration.
License suspension without adequate notice or opportunity to be heard violates natural justice principles and renders such orders illegal.
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