ZAKARIA HAQUE CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri A. Mohammad, learned counsel for the petitioner. Also heard Shri M. Chetia, learned State Counsel whereas Shri N. Hoque, learned counsel has appeared for the respondent no. 6, who has also filed an affidavit-in- opposition on 20/7/2023.

(2.) The subject matter of challenge in this writ petition is an order dtd. 20/4/2017 passed by the Commissioner, Central Assam Division, Nagaon as the Appellate Authority whereby the appeal preferred by the respondent no. 6 in respect of suspension of his fair price shop license has been allowed.

(3.) As per the projected case of the petitioner, the respondent no. 6 is a fair price shop owner against whom the petitioner and some other consumers had lodged complaints. Based on the said complaints, enquiry was conducted by the Area Inspector, who had arrived at a finding of violation/contravention of the Assam Public Distribution of Article Orders of 1982 (hereinafter referred to as the Orders of 1982). Based on the said findings of the Enquiry Report, an order was passed on 12/9/2016 by which the license of the respondent no. 6 was suspended. Against the aforesaid order of suspension of licence, the respondent no. 6 had preferred an appeal on 14/10/2016. The Appellate Authority, namely, the Commissioner, Central Assam Division, Nagaon, after consideration of the appeal had passed an order dtd. 20/4/2017 allowing the appeal and accordingly, the license of the respondent no. 6 was restored.