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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Nurjahan Choudhury, W/o. Baharul Islam Choudhury – Appellant
Versus
State Of Assam, To Be Represented By The Commissioner And Secy. To The Govt. Of Assam – Respondent
| Table of Content |
|---|
| 1. arguments regarding supply and license context. (Para 1 , 8 , 9 , 10) |
| 2. license issuance and complaints related. (Para 2 , 3 , 4 , 5 , 6) |
| 3. review of filings and submissions. (Para 7) |
| 4. court’s directives regarding licensing issues. (Para 11) |
| 5. conclusion on disposal of the writ petitions. (Para 12) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. AR Bhuyan, learned counsel appearing on behalf of the petitioner in WP(C)No.5400/2020 as well as Ms. K Deka, the learned counsel appearing on behalf of the petitioner in WP(C)No.697/2025. Also heard Mr. K Gogoi, the learned Addl. Senior Government Advocate, Assam who appears on behalf of the official respondents in both the writ petitions.
2. The tussle in both the writ petitions pertain to a fair price shop (hereinafter referred to as the ‘Fair Price Shop in question’) at village Kajidahar, Part III. It is relevant to take note of that the Fair Price Shop in question was earlier run by one Riyajul Hoque Choudhury having License No.1715 and FPS Code No.13700100416 under Narsingpur Co-operative Society Limited. The license holder of the said Fair Price shop, namely Riyajul Hoque Choudhury, expired during the COVID-19 pandemic. Resul
Existing fair price shop licenses remain effective unless legally challenged, emphasizing that administrative errors cannot impede lawful license holders.
A valid license for a Fair Price Shop must be upheld, preventing conflicting claims until cancellation, and supplies must be ensured to the licensed operator.
Harm or the pecuniary loss which would be occasioned to the petitioners cannot be regarded as wrongful in the eye of law because it does not result in an injury to a legal right or a legally protecte....
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.
Suspension of fair price shop license was arbitrary as it violated prescribed procedures, warranting judicial intervention despite alternative remedies.
Fair price shop licenses cannot be cancelled without conducting a proper inquiry and adhering to principles of natural justice, including providing a show cause notice and opportunity to respond.
The court's role in judicial review is to ensure the lawfulness of the decision-making process, not the soundness of the decision.
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