KHAGEN SENSUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioner being aggrieved by the order dtd. 17/3/2017 passed by the Deputy Director-cum-Issuing Authority, Food, Civil Supplies and Consumer Affairs, Sivasagar whereby the license of the Petitioner was cancelled.

(2.) The facts as could be seen from a perusal of the writ petition are that the Petitioner herein was issued a license under the provisions of the Assam Public Distribution of Articles Order, 1982 (for short 'the Order'). The said license was renewed from time to time as would be apparent from a perusal of Annexure-1 to the writ petition. Be that as it may, on 14/2/2017 at 10:30 AM, the Deputy Commissioner, Sivasagar had made an inspection and found the shop of the Petitioner to be closed and there was also no display board showing the present stock. Under such circumstances, a notice was issued on 23/2/2017 asking the Petitioner to show cause for the violation mentioned in the said notice and to submit a reply within 3 (three) days before the Deputy Director-cum-Issuing Authority, Food, Civil Supplies and Consumer Affairs, Sivasagar failing which legal action would be taken. The Petitioner on receipt of the said Show Cause notice submitted a reply on 27/2/2017 stating inter alia that he had to go to Demow Hospital for the treatment of his wife on that day when the inspection was carried out for which the shop was kept closed. He further stated that he had submitted the register in the office and the incident occurred due to the illness of his wife.

(3.) The record further reveals that to the said reply, the Petitioner also had submitted the medical certificate as well as the prescription dtd. 12/2/2017 of the Demow Primary Health Centre cum Community Health Centre. Pursuant thereto, the record reveals that vide an order dtd. 17/3/2017, the Deputy Director-cum-Issuing Authority, Food, Civil Supplies and Consumer Affairs, Sivasagar passed an order holding that the reply submitted by the Petitioner was not satisfactory for which vide the said order dtd. 17/3/2017 which have been impugned in the instant proceedings, the license of the Petitioner was cancelled.