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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Ms Daksin Titapani Samabai Samiti Ltd – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. license suspension and its cancellation terms (Para 2 , 3) |
| 2. arguments on the procedural aspects of license cancellation (Para 4 , 5 , 6) |
| 3. court's directive on hearing and procedural compliance (Para 7 , 8) |
| 4. court's final orders on the hearing and decision-making process (Para 9) |
JUDGMENT :
Devashis Baruah, J.
Heard Mr. P. K. Roychoudhury, the learned counsel appearing on behalf of the Petitioners and Mr. M. Chetia, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 2, 3, 4 and 8. I have also heard Mr. R. B. Goswami, the learned Standing counsel appearing on behalf of the Respondent Nos. 5, 6 and 7.
2. The Petitioner No.1 herein which is the Cooperative Society is aggrieved by the order dated 10.07.2023 by which the Petitioner No.1’s license was suspended in terms with Clause 15(1) of the Assam Public Distribution of Articles Order, 1982 (for short ‘the Order of 1982’) and the subsequent cancellation dated 02.08.2025.
3. It was informed at the Bar that though the cancellation order was passed on 02.08.2025, but subsequently, the District Commissioner, Barpeta has withdrawn the said order on 19.11.2025 inasmuch as the cancellation order was
The court emphasized that a continuation of suspension beyond stipulated periods violates procedural norms, necessitating personal hearings in license cancellation procedures.
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 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....
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.
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 reaffirmed that principles of natural justice require that all relevant materials are disclosed to parties involved, and directed timely decisions on show cause proceedings.
Licensing Authority must provide specific reasons in cancellation orders; non-speaking orders violate principles of natural justice and are unsustainable in law.
Quashing of the cancellation order as it violated natural justice by lacking reasons, requiring reasoned decisions in quasi-judicial actions.
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....
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