Nirup Kumar Das v. the State of Assam and 3 Ors.
Case brief
What is this about?
In a writ petition challenging the cancellation of a public distribution license, the High Court held that an efficacious statutory appeal remedy existed. The Writ Petition was dismissed without entertaining it on merits, directing the petitioner to file an appeal with the Deputy Commissioner. Liberty was granted for interim relief, and the period spent in litigation was excluded from the appeal's
What did the court decide?
Writ petition not entertained; liberty granted to prefer an appeal before the Deputy Commissioner, Sivasagar; interim relief to prevent issuance of license to third party.
What the court decided
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GAHC010148022020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4421/2020
NIRUP KUMAR DAS S/O LATE SITARAM DAS,
RESIDENT OF VILLAGE NAMDANG KUMARGAON (SILSAKO) PO GAURISAGAR, DIST SIVASAGAR, ASSAM 785664
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI 781005
2:DIRECTOR OF FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI 781005
3:DEPUTY COMMISSIONER SIVASAGAR
Issues for consideration
2 issues framed by the court
Whether the writ petition is maintainable given the availability of an adequate statutory remedy of appeal under the APDA Order, 1982.
Whether the petitioner must exhaust the administrative appeal before approaching the High Court under Article 226.
Parties & counsel
- petitioner
Nirup Kumar Das
- respondent
The State of Assam
Coram
Manish Choudhury
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · March
- Registered
- Case no.
- WP(C)/4421/2020
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