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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Md. Alkas Ali Sheikh, Son Of Late Asar Ali Sheikh – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam – Respondent
| Table of Content |
|---|
| 1. petition seeks to set aside orders regarding retail license. (Para 1 , 2) |
| 2. petitioner faced fir and criminal proceedings. (Para 3 , 4) |
| 3. orders affecting the petitioner post-fir. (Para 5 , 6) |
| 4. subsequent orders impacting petitioner's license. (Para 7 , 8 , 9) |
| 5. petitioner seeks relief for operational license. (Para 10) |
| 6. petitioner's counsel argues against license suspension. (Para 11 , 12 , 13) |
| 7. conviction impacts license under apda conditions. (Para 14 , 15) |
| 8. court directs licensing authority to decide on license. (Para 16 , 17) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. The present writ petition under Article 226 of the Constitution of India is preferred seeking inter alia setting aside of [i] an Order dated 22.02.2018; [ii] a Show Cause Notice dated 23.04.2018; and [iii] two other Orders dated 25.06.2018 and 10.07.2018. A further direction has also been sought for to direct the respondents to renew the retail license of the petitioner granted under the Assam Public Distribution of Articles [APDA] Order, 1982.
2. The petitioner has stated that he was granted the license under the Assam Public Distribution of Articles [APDA] Order, 1982 on 28.06.2012 by the Licensing A
Conviction under Section 409, IPC influences the validity of a retail license under the APDA Order, necessitating the licensing authority's decision on license cancellation or renewal following due l....
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)
Licensing Authority must provide specific reasons in cancellation orders; non-speaking orders violate principles of natural justice and are unsustainable in law.
Point of Law : The petitioner was served with a show-cause notice for violation of clauses 3(a) (b) of license amounting to violation of Section 18 of the Assam Public Distribution of Articles Order,....
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.
The main legal point established in the judgment is the requirement for the Licensing Authority to provide reasoned decisions, consider specific pleas and evidence, and adhere to principles of natura....
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