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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Hem Bahadur Pradhan @ Newar, S/o. Late Motilal Newar – Appellant
Versus
State of Assam, Represented By The Principal Secretary To The Government Of Assam, Food, Civil Supplies And Consumer Affairs Department – Respondent
| Table of Content |
|---|
| 1. petitioners' fair price shop license details. (Para 2 , 3) |
| 2. arguments on procedural fairness. (Para 4 , 5) |
| 3. court's scrutiny of procedural adherence. (Para 6 , 7 , 8 , 9 , 10) |
| 4. legal principles on writ of certiorari. (Para 11) |
| 5. writ petition dismissal conclusion. (Para 12 , 13) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
Heard Shri B. Sinha, learned counsel for the petitioners. Also heard Shri S.R. Baruah, learned State Counsel for the respondents.
2. The challenge in this petition instituted under Article 226 of the Constitution of India is with regard to an order dated 02.09.2022 issued by the Deputy Director (I/C), Food Civil Supplies & Consumer Affairs whereby the PDS License of the petitioners have been cancelled.
3. As per the facts projected, the petitioners were issued a Fair Price Shop license and were running the same in accordance with law. However, certain allegations were levelled against them and an enquiry was done on those allegations leading to an order of suspension of license dated 11.06.2018. The same was followed by a Show Cause Notice dated 19.06.2018. Subsequently, on 05.08.2018, an additional Show Cause Notice was issued by the Additional Deputy Dir
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.
Licensing Authority must provide specific reasons in cancellation orders; non-speaking orders violate principles of natural justice and are unsustainable in law.
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.
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.
![Saha Alom Laskar, Fair Price Shop Dealer [Licence No. 2645] C/o The Secretary, M/s Mongalpur-Bowalihawar Cooperative Society Ltd. Cachar, Silchar VS State of Assam To be Represented by the Commissioner and Secretary To the Government of Assam, Food and Civil Supplies and Consumers Affairs Department, Dispur, Guwahati - 2023 Supreme(Gau) 231](https://supremetoday-s3.b-cdn.net/Gauhati_2.png)
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 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.
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