GAUHATI HIGH COURT ISSUES ORDER ON SHARE HOLDER NO 769 OF RONGPUR COOP. SOCIETY, RESHMA PARVEEN LASKAR AND ANR V/S THE STATE OF ASSAM AND 4 ORS

GUWAHATI, India, Dec. 26 -- Gauhati High Court issued the following order on Nov. 26:

1. Heard Mr. B. Sinha, the learned counsel appearing on behalf of the petitioners. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the respondent Nos. 1, 2 & 3; Mr. R. B. Goswami, the learned counsel appears on behalf of the respondent Nos.4, 5 & 6.

2. The present writ petition has been filed challenging the order dated 28.10.2022 passed by the Superintendent, Food and Civil Supplies and CA, Silchar whereby the petitioners license was cancelled under Clause 15(2) of the Assam Public Distribution of Articles Order, 1982 (for short, 'the Order of 1982') for the reasons stated therein.

3. Ms. U. Das, the learned Additional Senior Government Advocate submitted that this Court may not like to exercise its writ jurisdiction in the instant writ petition taking into account that the petitioners have alternative and efficacious remedies. She further submitted that various disputed questions of facts have also to be ascertained as to whether there was any violation by the petitioners to the terms of the license as well as the Order of 1982.

4. Mr. B. Sinha, the learned counsel appearing on behalf of the petitioners, however, submitted that the very basis on which the impugned cancellation order was passed is no longer valid in view of the final report being submitted in respect to Udharbond P. S. Case No.271/2021 registered under Sections 409/468/420 of the IPC.

5. It is the opinion of this Court that these aspects are required to be dealt with by a forum wherein adjudication of facts can be carried out.

6. The learned counsel for the respondents though submitted that there is an alternative and efficacious remedy, but, it is pertinent to observe that the time permitted under Clause 29 of the Order of 1982 is only 30 days from the date of the said order of cancellation.

7. Taking into account that the petitioners herein, if relegated to the Statutory Authority has also to be given an opportunity to file the said Appeal.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpHHPKbUHmJNy5bgAiiv%2FcMmi0UFk9s9UxYWzS4IUUB4J&caseno=WP(C)/2689/2023&cCode=1&cino=GAHC010101072023&state_code=6&appFlag=)

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