Quashed

Hasanut Jamal v. the State of Assam and 5 Ors.

Gauhati HC6 Apr 2022WP(C)/538/2022

Case brief

AI extract

What is this about?

The Gauhati High Court quashed an order suspending the petitioner's F.I.C. license beyond the statutory 90-day limit prescribed under the Assam Public Distribution of Articles Order, 1982, restoring the petitioner's entitlement to license benefits.

What did the court decide?

The impugned order dated 06.08.2021 suspending the license beyond 90 days was set aside; the petitioner is entitled to benefits under the license.

Hasanut Jamal Vs the State of Assam and 5 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010014212022

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

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Case No. : WP(C)/538/2022

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HASANUT JAMAL S/O LATE JURAN ALI MIAH, VILL- PACHIM DEOLGURI, P.S.-BASUGAON, DIST- CHIRANG

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DISPUR, GUWAHATI-6

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2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY KOKRAJHAR (BTC) ASSAM PIN-783370

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3:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS BHANGAGARH GUWAHATI-781005

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4:THE DEPUTY COMMISSIONER CHIRANG (ASSAM) PIN-783390 5:THE DEPUTY DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS KAJALGAON

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Page No.# 2/3

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CHIRANG ASSAM PIN-783373 6:M/S TILOKGAON RANCAHIDHAM G.P.P.S LTD REPRESENTED BY ITS SECRETARY WARD NO.4 GOGLAPARA P.O.-BASUGAON DIST- CHIRANG PIN-78337

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Advocate for the Petitioner : MS. R CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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::ORDER::

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Date : 06/04/2022

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Heard Ms. R. Choudhury, the learned counsel for the petitioner and Mr. S. Bora, the learned counsel appearing on behalf of Respondent Nos. 2 and 5. Mr. C. S. Hazarika, the learned counsel appears on behalf of the Respondent Nos. 1, 3 & 4.

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The instant writ petition has been filed challenging the order dated 06.08.2020 whereby the license bearing No. CHR-S-TR-8 of Md. Hasanut Jamal was kept under suspension in contemplation of drawal of proceedings of cancellation of said license with immediate effect. By the said order, the F.I.C. holders presently tagged to Shri Sabin Basumatary appointed agent under M/S Tilokgaon Ranchaidham G.P.S.S. Ltd. for maintaining supply of notified articles to the F.I.C. holder until further order. It was further directed that the said order will come into force with immediate effect.

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Page No.# 3/3

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In terms with Clause 15 of the Assam Public Distribution of Articles Order, 1982 and more particularly Clause 15(2) it is the mandate that the suspension of a license issued under the said order cannot be for a period exceeding 90 days. Admittedly the period of 90 days have already exceeded in as much as the impugned order was issued on 06.08.2021. Accordingly, the continuance of the suspension dated 06.08.2021 beyond 90 days being in violation to Clause 15(2) of the Assam Public Distribution of Articles Order 1982, is set aside and quashed. Consequently, the petitioner shall be entitled to the benefits as ensues on the basis of the said license. The setting aside of the order dated 06.08.2021 shall not preclude the Respondent Authorities to take appropriate actions as is envisaged under Clause 15 of the Assam Public Distribution of Articles Order, 1982.

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With the above observations, the petition stands disposed off.

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JUDGE

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Comparing Assistant

Hasanut Jamal v. the State of Assam and 5 Ors.

Case brief

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Hasanut Jamal v. the State of Assam and 5 Ors.

Case brief

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Coram

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