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THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Biju Dey – Appellant
Versus
State of Assam, represented by Secretary to the Government of Assam, Food, Civil Supplies and Consumer Affairs Department – Respondent
| Table of Content |
|---|
| 1. factual history and sequence of license suspension. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. interpretative limit on suspension period under apda order. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. operative order directing restoration of license. (Para 16) |
JUDGMENT :
Manish Choudhury, J.
Heard Mr. R. Phukan, learned counsel for the petitioner and Ms. U. Das, learned Additional Senior Government Advocate for all the respondents.
2. The petitioner was granted a retailer licence bearing no. NSG 411 [R]/2012 on 15.10.2012 under the provisions of the Assam Public Distribution of Articles Order, 1982, framed under Section 3 of Essential Commodities Act, 1955. On the basis of the said licence, the petitioner was running a Fair Price Shop [FPS] at Village – Garubandha no. 2, Police Station – Kachua, Nagaon under the aegis of M/s Jarabari Samabai Sammittee Limited distributing Public Distribution System [PDS] articles to the ration card holders/beneficiaries, tagged to the Fair Price Shop [FPS] of the petitioner.
3. Pursuant to a complaint received from one Sharmila Das alleging that the petitioner had lifted 41.95 quintals of rice on 22.01.2022 from the godown of M/s Jarabari Sa
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.
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....
Suspension of fair price shop license was arbitrary as it violated prescribed procedures, warranting judicial intervention despite alternative remedies.
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)
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 ....
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