Jolly Sultana Barlaskar v. The State of Assam and 5 Ors

ORDER

28.10.2024 Heard Mr. S. Barman, learned counsel for the petitioner, who submits that the impugned order dated 26.07.2023 issued by the Superintendent, Food Civil Supplies & Consumer Affairs, Silchar, by which the petitioner's retail licence bearing No. 3290 of 2017 has been cancelled, should be set aside, on the ground that the principles of natural justice have not been followed.

¶2The petitioner's case is that the petitioner has been running a fair price shop and licence for that purpose was issued to him. However, on the basis of the enquiry report dated 12.07.2023 issued by the Executive Magistrate, Cachar, Page No.# 3/4 Silchar, the respondents issued the impugned order dated 26.07.2023, cancelling the petitioner's licence.

¶3The petitioner's counsel submits that as the enquiry report had not been furnished to the petitioner to enable him to make a representation against the same, the impugned order dated 26.07.2023 should be set aside.

¶4Ms. U. Das, learned counsel for all the respondents has brought the official records and on perusal of the same, it is clear that the enquiry report dated

12.07.2023 issued by the Executive Magistrate, Cachar, Silchar was not furnished to the petitioner, prior to the impugned order dated 26.07.2023 being issued.

¶5I have heard the learned counsels for the parties.

¶6As the official records have clarified the fact that the enquiry report dated

12.07.2023 was not furnished to the petitioner prior to the issuance of the impugned order and as the same was the basis for which the impugned order dated 26.07.2023 had been issued, this Court finds that the impugned order has been issued in violation of the principles of natural justice. As such, the impugned order dated 26.07.2023 issued by the respondents is set aside.

¶7As the allegation is with regard to non-maintenance of the registers and non maintenance of stock, besides overwriting and change of values, the respondents are given the liberty to issue a fresh show-cause-notice to the petitioner along with a copy of the enquiry report and complaint, if so advised. If a fresh show-cause is not issued to the petitioner within 2 weeks from the date of receipt of a copy of this order, the petitioner should be allowed to Page No.# 4/4 operate her Fair Price Shop.

¶8The writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010189942023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5211/2023 JOLLYoSULTANAoBARLASKAR W/OoMOINoUDDINoBARLASKAR oVILL-oBARJATRAPUR oUJANGRAM oP.O.-BORKHOLA oP.S.-BORKHOLA oDIST-oCACHAR oASSAM oPIN-788110 oVERSUS THEoSTATEoOFoASSAMoANDo5oORS. REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oFOODoANDoCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPARTMENT oDISPUR oGUWAHATI-06 oDIST-oKAMRUPo(M) oASSAM 2:THEoCOMMISSIONER oDIST-CACHAR SILCHAR oASSAM oPIN-788001 o3:THEoDEPUTYoCOMMISSIONER oDIST-CACHAR SILCHAR oASSAM oPIN-788001 Page No.# 2/4 4:THE ASSTT. COMMISSIONER AND EXECUTIVE MAGISTRATE CACHAR SILCHAR ASSAM PIN-788001 5:THE SUPERINTENDENT FOOD AND CIVIL SUPPLIES AND CONSUMERS AFFAIRS DIST-CACHAR SILCHAR ASSAM PIN-788001 6:THE INSPECTOR FOOD AND CIVIL SUPPLIES AND CONSUMERS AFFAIRS DIST-CACHAR SILCHAR ASSAM PIN-788001 ------------ Advocate for : MR. S BARMAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA