SAHA ALOM LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner has instituted this writ petition under Article 226 of the Constitution of India assailing an order dtd. 10/11/2022 passed by the respondent no. 3 whereby the Retail Licence bearing no. 2645 issued to the petitioner earlier as a retail licensee to operate a Fair Price Shop [FPS] has been cancelled. By the impugned order dtd. 10/11/2022, the respondent no. 3 as the Licensing Authority, in exercise of the power conferred by Clause 15[2] of the Assam Public Distribution of Articles Order, 1982 [-the APDA Order, 1982-, for short], has cancelled the aforesaid retail licence issued to the petitioner and the beneficiaries tagged with the Fair Price Shop [FPS] of the petitioner are allowed to continue with another Fair Price Shop [FPS] owned by one Sri Eyam Uddin Mazumder.

(2.) It is the case of the petitioner that he was issued a retail licence bearing no. 2645 and FPS Code no. 1316001011600 under the APDA Order, 1982 to operate a Fair Price Shop [FPS] under a registered cooperative society viz. M/s Mongalpur Boalihawar Cooperative Society Ltd., Cachar. The petitioner used to operate his Fair Price Shop [FPS] at Village - Dakshin Mohanpur Part-V. Earlier, the licence was in the name of the petitioner's father since 1964 and after the death of the father, the licence stood transferred to the petitioner and he was operating the Fair Price Shop [FPS] for last 26 years. It is the further case of the petitioner that the respondent no. 5 i.e. the Inspector, Food, Civil Supplies and Consumer Affairs, Silchar, Cachar carried out an inspection in the Fair Price Shop [FPS] of the petitioner on a day when the petitioner was absent in the shop due to personal reason. After carrying out the inspection, the respondent no. 5 had submitted an Enquiry Report recording his findings after verification of the records related to the Fair Price Shop [FPS] of the petitioner during his visit. On the basis of the Enquiry Report dtd. 4/5/2022 submitted by the respondent no. 5, the respondent no. 3 as the Licensing Authority passed an order dtd. 7/5/2022 under Clause 15[1] of the APDA Order,1982 whereby he suspended the retail Licence of the petitioner on the purported ground that there were contraventions of the terms and conditions nos. 2[b], 3[a], 7, 8[1], 8[2] and 9 of the retail licence issued under the APDA Order, 1982 as well as the provisions contained in Clauses 10, 14, 18, 20, 25 and 26 of the APDA Order, 1982 r/w Clause 11[3] of the Targeted Public Distribution System [Control] Order, 2015 [-the TPDS [Control] Order, 2015-, for short] and the National Food Security Act, 2013. Along with the order of suspension, the petitioner was also served show cause notice of even date. As per the show cause notice, when the respondent no. 5 visited the Fair Price Shop [FPS] of the petitioner on 4/5/2022, he found the following anomalies/mismanagement on the part of the petitioner :

(3.) By the show cause notice dtd. 07/5/2022, the petitioner was asked to show cause as to why the retail licence issued in his name under the APDA Order, 1982 should not be cancelled for contraventions of the mentioned clauses contained in the APDA Order, 1982. The petitioner was given 7 [seven] days' time from the date of receipt of the show cause notice to submit his reply showing cause. On receipt of the show cause notice, the petitioner stated to have submitted his reply to the show cause notice on 23/5/2022. By a notice dtd. 1/9/2022, the respondent no. 3 asked the petitioner to appear before the Assistant Commissioner and Executive Magistrate, Silchar, O/o Deputy Commissioner, Cachar at 11-00 a.m. on 3/9/2022 for a hearing in connection with the retail licence of the Fair Price Shop [FPS]. The petitioner had accordingly appeared before the Assistant Commissioner and Executive Magistrate, Silchar on 3/9/2022 for the hearing. On his appearance, the said authority proceeded with the hearing and finding that the petitioner did not produce certain materials, provided another opportunity to the petitioner to appear for hearing again on 16/9/2022 along with the documents. The petitioner appeared before the said authority accordingly on 16/9/2022 along with documents. After conducting the hearing, the Assistant Commissioner and Executive Magistrate, Silcharhad submitted an Enquiry Report on 21/10/2022 in connection with the retail licence of the petitioner before the Additional Deputy Commissioner, Cachar and In-Charge, Food, Civil Supplies and Consumer Affairs, Silchar. Thereafter, on 10/11/2022, the respondent no. 3 had passed the impugned order in exercise of the power conferred under Clause 15[2] of the APDA Order, 1982 cancelling the retail licence of the petitioner.