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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Joy Kumar Hazam, S/o Late Shibnarayan Hazam – Appellant
Versus
State of Assam to be represented by the Secretary to the Government of Assam, Foods & Civil Supplies and Consumer Affairs Department – Respondent
JUDGMENT :
1. The two petitioners have joined together to institute the present writ petition under Article 226 of the Constitution of India to assail a common Order dated 06.11.2023 passed by the respondent no. 4, that is, the Sub-Divisional Officer [Civil], Lakhipur, Cachar whereby the Fair Price Shop [FPS] licenses issued to the petitioners under the Assam Public Distribution of Articles [APDA] Order, 1982 have been cancelled with immediate effect.
2. The two petitioners were holders of Fair Price Shops [FPS] licenses and they both were retailers under M/s Jiri-Fulertal Gaon Panchayat Samabay Samittee [GPSS]. On the basis of a public complaint regarding non-distribution of NFSA rice an inspection was carried out in the Fair Price Shop [FPS] of the petitioner no. 1 on 08.06.2023 and a few rice bags were seized. A similar inspection was also carried out in the Fair Price Shop [FPS] of the petitioner no. 2 on 08.06.2023 and a few rice bags were seized. By executing zimmanamas of even date, the seized rice bags were again given in the custody of the petitioners by the respondent no. 6 on undertakings from the petitioners that they would not dispose of the seized rice without an order
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)
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 ....
The cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
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....
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.
Public distribution system – Cancellation of licence - Cancellation of Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority o....
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