MAHABHAIRAB SAMABAI SAMMITTEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) By means of this writ petition, the petitioners have questioned the legality and validity of the order 17.06.2006 passed by the Deputy Commissioner, Sonitpur, Tezpur placing the petitioners' Society under suspension as per the provisions of Clause 15(1) and (2) of the Assam Public Distribution of Articles Order, 1982. The petitioners have also assailed the consequential order dated 20.07.2006 by which the rice bags seized from the petitioners' Society were directed to be disposed of through public distribution system at Government fixed price in presence of the Food and Civil Supplies officials to the beneficiaries.

(2.) The occasion for placing the petitioners' Society under suspension arose when the rice bags lifted by it for distribution to the beneficiaries were stored in a private godown instead of the official godown. The seizure was made on 08.06.2006 when the particular truck had gone to the private godown for unloading the rice bags. The plea taken by the petitioners is that the decision to store the rice bags in private godowns was taken by a resolution of the society adopted on 03.06.2006. Be it stated here that altogether 306 rice bags were unloaded in the godown from the truck.

(3.) After the aforesaid seizure of the rice bags, the Deputy Commissioner, Sonitpur issued a show cause notice to the Secretary of the co-operative society to explain the circumstances leading to diversion of rice meant for the beneficiaries living under below poverty line. In the notice, it was indicated that the society has violated Clause 6(4)(1) of the aforesaid Order of 1982. It was also indicated that there was violation of the conditions of the license granted in favour of the society.