Writ petition challenging long-pending suspension of Fair Price Shop licence. Court disposed of petition at motion stage, directing the Deputy Commissioner to decide the statutory appeal within 60 days.
Directed the Deputy Commissioner to dispose of the pending appeal within 60 days from receipt of certified copy of this order.
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GAHC010129632021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4498/2021
BABY DEY KANANGOE
W/O- SRI BABLA KANANGOE, R/O- BAKARIVITA WARD NO.6, BONGAIGAON TOWN, P.O. AND P.S. BONGAIGAON, DIST.- BONGAIGAON, ASSAM, PIN- 783380
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE SECY., GOVT. OF ASSAM, DEPTT. OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, ASSAM SECRETARIAT, DISPUR, ASSAM
2:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS BHANGAGARH GHY ASSAM PIN- 781005
3:THE DY. COMMISSIONER BONGAIGAON ASSAM PIN- 783380
4:THE DY. DIRECTOR FOODCIVIL SUPPLIES AND CONSUMER AFFAIRS BONGAIGAON OFFICE OF THE DY. COMMISSIONER BONGAIGAON ASSAM
5:THE AREA INSPECTOR FOODCIVIL SUPPLIES AND CONSUMER AFFAIRS BONGAIGAON OFFICE OF THE DY. COMMISSIONER BONGAIGAON ASSAM
6:THE SUB-INSPECTOR
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FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS BONGAIGAON OFFICE OF THE DY. COMMISSIONER BONGAIGAON ASSAM
Advocate for the Petitioner : MR. B J MUKHERJEE Advocate for the Respondent : GA, ASSAM
BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
04-10-2021
Heard Mr. B. J. Mukherjee, learned counsel for the petitioner and Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for all the official respondent Nos. 1 to 6.
The respondent in the Food, Civil Supplies and Consumer Affairs through the Deputy Director/Superintendent, Bongaigaon issued Fair Price Shop licence for distribution of articles to the ration card holders under public distribution system and other consumer goods in Bakrapara in the district of Bongaigaon. However, the Superintendent and in-charge Deputy Director of Food, Civil Supplies and Consumer Affairs by an order under No.BNS.24/ER/2020/44-A dated 27.08.2020, suspended the said Fair Price Shop licence issued in favour of the petitioner, as it was found that she misappropriated rice grains and other consumer articles provided to her for its distribution to the ration card holders including the rice grains provided under the National Food Security Act (in short, NFSA). By the said order dated 27.08.2020, the NFSA ration card holders of the petitioners were tagged with nearby Fair Price Shop dealer as a stop gap arrangement for maintaining supply of notified articles to those ration card holders, until further order.
Being aggrieved with the same, the petitioner on 23.06.2020 submitted an appeal before the Deputy Commissioner, Bongaigaon under Order 29 (1) (b) of the Assam Public Distribution of Articles Order, 1982.
On instruction, Mr. B. J. Mukherjee, learned counsel for the petitioner submitted that the said appeal of the petitioner has not yet been disposed of by the Deputy Commissioner,
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Bongaigaon.
Petitioner contended that her Fair Price Shop licence simply cannot be kept under suspension for such a long period, as it is more than 13 months on the basis of the said order dated 27.08.2020 passed by the Superintendent and in-charge Deputy Director of Food, Civil Supplies and Consumer Affairs, Bongaigaon.
Considering the submission made by the parties and the entire aspect of the matter, this writ petition is disposed of at the motion stage itself, directing the Deputy Commissioner, Bongaigaon, respondent No.3 to dispose of the said appeal of the petitioner filed on 23.06.2020 under Order 29 (1) (b) of the Assam Public Distribution of Articles Order, 1982 in accordance with law and in terms of the provisions of the Assam Public Distribution of Articles Order, 1982 within a period of 60 (sixty) days from the date of receipt of a certified copy of this order intimating the petitioner about the outcome of her said appeal.
Petitioner shall submit a certified copy of this order along with copy of this writ petition including the annexures appended thereto and a copy of her said appeal dated 23.06.2020 before the Deputy Commissioner, Bongaigaon, respondent No.3 obtaining necessary acknowledgement from the said authority in that regard.
With the above observation and direction, this writ petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the Fair Price Shop licence suspension order should be disposed of at the motion stage by directing the Deputy Commissioner to decide the pending appeal within 60 days.
2 provisions across 2 enactments
BABY DEY KANANGOE
THE STATE OF ASSAM
MANASH RANJAN PATHAK
As recorded by the court registry
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