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TONESWAR BORO – Appellant
Versus
THE STATE OF ASSAM AND 6 ORS – Respondent


Advocates:
['K K CHOUDHURY', '', 'S K TALUKDAR', 'KHAYERUDDINR', '', 'MRN J DASR']

ORDER

18.02.2022 Date :

Heard Ms. S.P. Baksh, learned counsel for the petitioner. Also heard Mr. B.

Deuri, learned Govt. advocate appearing for respondent no.1, 2 and 5, Ms. R.B. Bora, learned standing counsel for the respondent nos. 3, 4 and 6 and Mr. N.

Haque, learned counsel for respondent no.7.

2. The case of the petitioner is that he was Sub-whole seller of PDS items in respect of Borsola Part under No.40 Rowta Territorial Constituency under BTAD. At the relevant time the petitioner has possessed a valid PDS licence under the Assam Public Distribution of Articles Order, 1982 for lifting PDS items including rice and sugar as Sub-whole seller. It is projected that the petitioner is in business since 2010. In the meanwhile, the respondent no. 6 had issued PDS licence in favour of respondent no. 7 by an order dated 20.03.2015 (Annexure- D), the PDS items were allotted to the respondent no. 7 for lifting and distributing the PDS items amongst the 18 GPSS agents. It is projected that the said action was taken arbitrarily and without giving an opportunity of hearing to the petitioner.

3. The learned standing counsel for the respondent nos. 3, 4 and 6 has referred to the affidavit in opposi

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