BANI ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BJ. Mukherjee, learned counsel for the writ petitioner. I have also heard Ms. M.Bhattacharjee, learned Govt. Advocate, Assam appearing on behalf of the respondents.

(2.) The writ petitioner herein is a license holder of Fair Price Shop situated at Bongaigaon. Her license was suspended by the order dated 07-06-2019 passed by the respondent No. 5, i.e. the Deputy Commissioner, Bongaigaon pending drawl of proceeding for cancellation of the license. The order dated 07-06-2019 takes note of various allegations brought against the petitioner leading to suspension of the license. An appeal being Case No. GG.6/2019 was preferred by the petitioner before the Commissioner of Lower Assam Division against the order dated 07-06-2019, which was also dismissed by the order dated 10-01-2020. Aggrieved thereby, the present writ petition has been filed.

(3.) Mr. Mukherjee has invited the attention of this Court to the provision of Rule 15(2) of the Assam Public Distribution of Articles Order, 1982 to submit that the order of suspension of F.P. Shop license cannot be extended beyond 90 days without giving proper opportunity of hearing to the license holder. In this case, submits Mr. Mukherjee there was no hearing given to the petitioner nor was any order passed extending the order dated 07-06-2019 beyond 90 days. Mr. Mukherjee further submits that till date no proceeding for cancellation of the Fair Price Shop license held by the petitioner has been initiated. The learned counsel for the petitioner submits that under such circumstances the impugned order dated 07-06-2019 as affirmed by the subsequent order dated 10-01-2020 are illegal and liable to the set aside by this Court.