DWIPEN BANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner challenging the order dtd. 19/8/2023, passed by the Deputy Director, Food, Civil Supply and Consumer Affairs, Darrang, Mangaldai, whereby the licence of the petitioner, issued under the Assam Public Distribution of Articles Order, 1982 (hereinafter referred to as "Order of 1982"), for running Fair Price retail shop was cancelled on the ground that the petitioner had violated the terms and conditions stipulated in Clause 3(a)(i), (ii), (iii), (iv) and Clause 3(b) of the Order of 1982 and the various provisions of Clauses 10, 14 and 25 of the said Order of 1982.

(2.) The facts leading to filing of the instant writ petition, as can be discerned from the writ petition and its enclosures are that the petitioner herein was having a fair price retail shop under Dahi Gaon Panchayat Samabai Samity, at Darrang, bearing Licence No. BMS.2/22/PDS/Dahi/2010 (Annexure-1). It is seen from the perusal of the writ petition that the petitioner obtained the licence for Fair Price retail shop only in the month of November, 2022 and, prior to that the petitioner's father was the licence holder for the Fair Price retail shop in respect of the said area. After obtaining the said licence in the month of November, 2022 the petitioner claims to have been regularly distributing the allotted quota of rice to its 471 ration card holders. However, in the month of April, 2023, during distribution of rice, the petitioner found that some portion of the rice allotted for the month of April, 2023 was damaged and not fit for domestic use. This aspect of the matter was informed by the petitioner to its superior authority, i.e. Secretary of Dahi Gaon Panchayat and the said superior authority was also requested to take back the said undistributed rice and to allot rice fit for domestic use. However, the Secretary, Dahi Gaon Panchayat refused to accept the same. It is also the case of the petitioner that during this period the petitioner fell ill due to post operative URSL Lithotrisy and was having Catheter inserted for urine extraction. The materials on record, more particularly, Annexure-2 to the writ petition reveals that the petitioner for the purpose of getting better treatment was admitted in the Sanjeevani Hospital, Guwahati, on 24/4/2023 and thereupon he was discharged on 25/4/2023.

(3.) Subsequent thereto, on 2/5/2023, the Inspector, Food Civil Supplies and Consumer Affairs, Darrang, along with a few other people visited the petitioner's licensed premises for inspection of the Stock Register, Sell Register, etc. and thereafter seized all the Registers, documents and articles from his shop and took his signatures on blank papers. A few days thereafter an order dtd. 12/5/2023 was served upon the petitioner, issued by the Deputy Commissioner, Darrang, Mangaldai, whereby the licence of the petitioner was suspended for purported violation of Clauses 3(a)(i), (ii), (iii), (iv) and Clause 3(b) of the terms and conditions of the licence issued under the Order of 1982 and various provisions of Clauses 10, 14 and 25 of the said Order of 1982. It was mentioned in the said order dtd. 12/5/2023 that the suspension of the licence was as per Clause 15(1) of the Order of 1982 and pending drawal of cancellation proceeding. It further transpires that the population of the petitioner's Fair Price retail shop were thereupon attached with nearby Fair Price retail dealer, Sri Kulan Kalita of village Barsatra to avoid dislocation of periodically allotted notified articles.