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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Mamon Karmokar, D/o. Late Surendra Karmokar – Appellant
Versus
State Of Assam, Represented By The Secretary, To The Govt. Of Assam, Food And Civil Supplies Department – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. B. J. Ghosh, the learned counsel appearing on behalf of the Petitioners and Mr. S. R. Baruah, the learned Government Advocate appearing on behalf of all the Respondents.
2. Both the Petitioners have assailed the order dated 06.11.2023 in the instant writ petition.
3. The materials on record show that the Superintendent, FCS & CA, Lakhipur, Cachar had submitted a report to the Superintendent, Food Civil Supplies and CA, Lakhipur wherein it was alleged that the Petitioner No.1 had committed the following violations:
(a) Lifted NFSA rice for the month of June, 2023 on 04.05.2023 but did not distribute the entire quantity till 08.06.2023 after a gap of more than 30 days;
(b) More than 7 Quintals of rice found shortage in available stock compared with the sale Register;
(c) The Petitioner No.1 did not display stock and price board of the F.P. Shop;
(d) The Petitioner No.1 did not maintain stock register of allotted articles;
(e) The Petitioner No.1 did not hang the beneficiary list in the Fair Price Shop;
(f) Monthly Performances Report not submitted by the Petitioner No.1; and
(g) The available stock of rice did not tally with the sale register.
4. In view
Quashing of the cancellation order as it violated natural justice by lacking reasons, requiring reasoned decisions in quasi-judicial actions.
Licensing Authority must provide specific reasons in cancellation orders; non-speaking orders violate principles of natural justice and are unsustainable in law.
The main legal point established in the judgment is the requirement to adhere to the principles of natural justice, provide reasoned orders, and comply with the procedural requirements outlined in th....
The court upheld the cancellation of the petitioner’s fair price shop license due to violations of the Essential Commodities Act, confirming the necessity of a reasonable opportunity to be heard.
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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