Tripura High Court
Sri Subrata Debnath vs ) The State Of Tripura on 9 January, 2023
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
WP(C) NO.450 OF 2022
Sri Subrata Debnath,
S/o-Sunil Kumar Debnath,
R/o- Ward No.5, Near Kanchanmala G.P.,
District-West Tripura, Pin-799130.
......... Petitioner(s)
Vs.
1) The State of Tripura,
To be represented by the Secretary,
Food, Civil Supplies & Consumer Affairs,
Dept. Govt. of Tripura, New Secretariat Building,
New Capital Complex, Kunjaban, P.S. New Capital Complex,
Agartala, West Tripura, PIN-799010.
2) The Director,
Food, Civil Supplies & Consumer Affairs,
Government of Tripura, Gurkhabasti Tripura.
3) The Sub Division Magistrate,
Sadar, West Tripura.
....... Respondent(s)
For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate.
Mr. D. Paul, Advocate.
For the Respondent(s) : None.
Date of hearing and delivery of
Judgment & Order : 09.01.2023.
Whether fit for reporting : NO.
HON'BLE THE CHIEF JUSTICE(ACTING)
JUDGMENT AND ORDER(ORAL)
The brief fact of the present writ petition is that the
petitioner is the dealer of Kanchanmala Fair Price Shop No.3.
The petitioner was appointed as Fair Price Shop dealer in 1997
and since then, he has been discharging his duties and
responsibilities. By order dated 12.01.2022, the SDM Sadar,
West Tripura, canceled the dealership license of the petitioner.
Being aggrieved by the order dated 12.01.2022, the petitioner
preferred an appeal under Tripura Food Grains(Distribution)
Control Order, 1972, for restoration of his Fair Price Shop
License. But by the judgment and Order dated 20.04.2022, the
Appellate Authority upheld the cancellation order dated,
12.01.2022.
2) Aggrieved thereby, the petitioner filed this instant
petition praying for the following reliefs:-
" i) Issue Rules upon the Respondents to show cause as
to why writ in the nature of Mandamus and direction of like nature
shall not be issued directing the respondents for quashing and
cancelling the Judgment & Order, dated, 20.04.2022, by the
Appellate Authority, Secretary to the Govt. of Tripura.
ii) Issue rules upon the Respondents to show cause as to
why writ in the nature of Mandamus and direction of like nature shall
not be issued directing the respondents for quashing and cancelling
the Order, dated, 12.01.2022 by the Licencing Authority (SDM,
Sadar)
iii) Make the rules absolute.
iv) Call for records.
v) Pass any further order/orders as this Hon'ble High
Court considered fit and proper."
3) Mr. P. Roy Barman, learned Sr. counsel assisted
by Mr. D. Paul, learned counsel appearing for the petitioner
submitted that the petitioner suffered a severe heart attack
and was admitted to G.B. Hospital, where form, he was
referred to R.N. Tagore Hospital, Kolkata. Thus he failed to
take part in the personal hearing before the licensing authority.
4) None appears for the respondents.
5) Heard learned counsel appearing for the petitioner
and perused the evidence on record.
6) By filing the present writ petition, the petitioner
herein has challenged the order dated 12.01.2022 by which the
dealership license of the Fair Price Shop of the petitioner was
canceled. The same was confirmed by the Appellate Authority
vide order dated 20.04.2022. The only point which falls for
consideration is the contention made by the learned Sr.
counsel appearing for the petitioner that his client was
hospitalized and he underwent heart surgery. For such, he
failed to take part in the personal hearing before the licensing
authority. The petitioner counsel further submitted that the
fact that his client was hospitalized and he underwent heart
surgery is a genuine cause and he represented the same
before the licensing authority but the same was not
considered.
7) In view of the submission made by the learned
counsel appearing for the petitioner and since the same is
reflected that on health reasons the petitioner was absent on
several occasions before the licensing authority, this Court
feels that an opportunity needs to be given to the petitioner.
Accordingly, the order dated 12.01.2022 passed by the
licensing authority and the order dated 20.04.2022 passed by
the Appellate Authority is set aside. The matter is remanded
back to the original authority/licensing authority to decide upon
the cancellation of license order after giving an opportunity of
personal hearing to the petitioner herein. It is made clear that
the petitioner shall cooperate with the licensing authority while
deciding the matter. This exercise shall be completed within a
period of 2(two) months from the date of the receipt of the
copy of this order.
8) With the above observation and direction, this
instant writ petition is disposed of.
CHIEF JUSTICE (ACTING)
suhanjit
