Md. Faizuddin Ali vs The State Of Assam And 4 Ors
2022 Latest Caselaw 2517 Gua

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GAHC010048742022




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : WP(C)/1820/2022

         MD. FAIZUDDIN ALI
         S/O. LT. ABDUL KARIM, VILL. BATUWA, P.S. PATACHARKUCHI, DIST.
         BAJALI, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, FOOD CIVIL
         SUPPLIES AND CONSUMER AFFAIRS DEPTT., DISPUR, GUWAHATI-06.

         2:THE DEPUTY COMMISSIONER

          BAJALI
          P.O. AND DIST. BAJALI
          ASSAM.

         3:THE DIRECTOR

          FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT.
          BHANGAGHAR
          GUWAHATI-05.

         4:THE SUB DIVISIONAL OFFICER (CIVIL)

          BAJALI
          P.O. AND DIST. BAJALI
          ASSAM.

         5:THE INSPECTOR OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS

          BAJALI
          P.O. AND DIST. BAJALI
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             ASSAM

Advocate for the Petitioner   : MR. R ALI

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                            ORDER

27-07-2022

1. Heard Shri R. Ali, learned counsel for the petitioner, who is aggrieved by continuation of an order of suspension of his Fair Price Shop bearing Licence No. BJFS-20/2007/62 at village Batuwa in the district of Barpeta (presently Bajali) under M/S. Hastinapur Gaon Panchayat Samabai Samity Limited.

2. It is the case of the petitioner that on 07.10.2021 he was arrested in connection with a police case and during such period, the impugned order was passed on 25.10.2021 by which his license for Fair Price Shop has been suspended in exercise of powers under Clauses 15(i) & 15(ii) of the Assam Public Distribution Articles Order, 1982. Further, the Ration Cards tagged with the shop of the petitioner has been temporarily attached to a nearby shop of the same village.

3. Shri Ali, the learned counsel for the petitioner submits that subsequently the petitioner was released on bail on 28.10.2021 and thereafter, representation was submitted on 27.12.2021 before the Deputy Commissioner by which the order of suspension was requested to be withdrawn. However, vide a subsequent order dated 27.01.2022, the direction to take the beneficiaries to Page No.# 3/4

the nearby shop in the same village has been continued.

4. Shri Ali, the learned counsel submits that suspension of licence for Fair Price Shop cannot be done for more than 90 days without giving opportunity and in the instant case, the said prayer is already over. It is further submitted that though by a subsequent order dated 27.01.2022, the suspension has been extended, till date no proceeding for cancellation of the licence has been initiated. The learned counsel for the petitioner accordingly submits that the orders dated 25.10.2021 and 27.01.2022 are liable to be interfered with.

5. In support of his submissions, Shri Ali, the learned counsel for the petitioner has placed reliance upon the following decisions:

(i) Shri Mamat Chandra Das vs. State of Assam and Ors. reported in (1992) 2 GLR 346.

(ii) Mornoi Gaon Panchayat Mahila Multipurpose Samabai Samity and Anr. vs. State of Assam and Ors. reported in 2007 (1) GLT 538.

6. In the case of Mamat Chandra Das (supra), a Division Bench of this Court has emphasized on the necessity to cite reasons even on an order of suspension of a PDS shop.

7. In the case of Mornoi Gaon Panchayat (supra), this Court has held that an order of suspension cannot be continued beyond 90 days without an intervening order for such continuation. A similar view has been expressed in the case of Hasanut Jamal vs. State of Assam and Ors. , a judgment Page No.# 4/4

delivered on 06.04.2022 in WP(C)/538/2022.

8. Shri K. Gogoi, learned State Counsel fairly submits that the impugned orders do not seem to have followed the requirement of law inasmuch as there is nothing on records to show that the orders of suspension dated 25.10.2021 and 27.01.2022 have been renewed or continued.

9. In view of the aforesaid facts & circumstances and also taking into account the law laid down by this Court in interpreting the Assam Public Distribution Articles Order, 1982, this Court is of the view that the writ petition is liable to be allowed by setting aside the impugned orders dated 25.10.2021 and 27.01.2022.

10. Accordingly, the petitioner will be permitted to run his Fair Price Shop as earlier in accordance with law.

11. The writ petition accordingly stands disposed of.

JUDGE

Comparing Assistant