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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Champa Das, wife of Shri Chandra Kishor Das – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. suspension of fair price shop license context (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments on irregularities and procedural issues (Para 10 , 11 , 12 , 17) |
| 3. procedures for suspension and cancellation of licenses (Para 13 , 14 , 15 , 16) |
| 4. legality of suspension and consequences of inaction (Para 18 , 19 , 20 , 22 , 23) |
| 5. revival of fair price shop license and directions (Para 24 , 25) |
JUDGMENT & ORDER :
MANISH CHOUDHURY, J.
The present writ petition under Article 226 of the Constitution of India is preferred against prolonged suspension of the petitioner’s Sub-Wholesaler / Retailer License granted under the Assam Public Distribution of Articles Order, 1982 [‘the APDA Order’, for short].
2. The case projected by the petitioner and as emerges from the materials on record, in brief, is that the petitioner was granted a Sub-Wholesaler / Retailer License on 04.03.2013 under the provisions of the APDA Order. The Sub-Wholesaler / Retailer License was renewed from time to time and it was last renewed up to 31.03.2024.
3. On 30.03.2023, a public complaint was lodged by the respondent no. 4 and others as residents of Village - Siddhinathpur, Police Station – Tamulpur,
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.
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
Licensing Authority must provide specific reasons in cancellation orders; non-speaking orders violate principles of natural justice and are unsustainable in law.
![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)
since the suspension was during pendency of the inquiry initiated against the petitioner and a final order was passed, the petition became infructuous and this Court need not advert to various conten....
Suspension of fair price shop authorization requires adherence to principles of natural justice, including proper enquiry and reasoned decisions.
A fair price shop license cannot be cancelled without affording a reasonable opportunity to the licensee to defend against the allegations in accordance with the principles of natural justice.
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