THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 5 ORS

Advocate for the Petitioner : MR. R BORUAH Advocate for the Respondent : GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA Date : 07.12.2022 ORDER Heard Mr. R. Baruah, learned counsel for the petitioner and Mr. M. Chetia, learned Govt. Advocate appearing for the respondents.

The petitioner is a registered Gaon Panchayat Samabai Samity (GPSS) under Assam Cooperative Societies Act, 1949 and on 30.06.2007, a PDS Sub- Wholesale license was issued in favour of the petitioner. However, the Deputy Commissioner, Majuli, by order dated 01.09.2021, which is impugned in this writ petition, had suspended the said PDS Sub-Wholesale license granted to the petitioner. Later on, the Secretary of the Kamalabari GPSS was suspended by a resolution dated 29.10.2021 and then the petitioner/society had made an application for renewal of the said PDS license on 08.11.2021. Thereafter, on

20.11.2021 the Addl. Deputy Commissioner, Majuli issued a show cause notice to the then Secretary of the GPSS and on 26.11.2021, the then secretary had submitted his reply. However, once again by order dated 23.12.2021, the Addl. Deputy Commissioner, Majuli directed the petitioner to file a written statement and the petitioner filed the written statement on 09.01.2022. There was no response by the respondent authorities to restore the served PDS license taken by the petitioner. Therefore, the petitioner had filed an appeal under Section 29 and 30 of the Assam Public Distribution of Articles Order, 1982 before the Page No.# 3/4 Commissioner of Upper Assam Division, Cinamara, Jorhat. The learned counsel for the petitioner has submitted that although, the appeal was filed on

20.06.2022, the matter has not yet been disposed of. It is submitted that under Clause 15(2) of the Assam Public Distribution of Articles Order, 1982, a PDS license cannot be suspended for more than 90(ninety) days.

Having regard to the fact that the Sub-Wholesale license of the petitioner was suspended on 01.09.2021, which is more than a year back, it appears that the Clause 15 of the Assam Public Distribution of Articles Order, 1982 has not been complied with.

Under such circumstances, the Court is of the considered opinion that as the petitioner has already filed an appeal before the Commissioner of Upper Assam Division, Cinamara, Jorhat, no purpose would be served to keep this writ petition pending before this Court. Hence the Court is of the considered opinion that interest of justice will be met to request the Commissioner of Upper Assam Division, Cinamara, Jorhat to expeditiously dispose of the appeal filed by the petitioner on 20.06.2022, preferably within a limit of 45(forty five) days, keeping in mind the requirement of Clause 15 of the Assam Public Distribution of Articles Order, 1982.

The petitioner and the respondents are both represented by their respective counsel. Hence, the Court is inclined to direct the petitioner as well as the respondents to appear before the Commissioner, Upper Assam Division, Cinamara, Jorhat on 21.12.2022, without waiting for any fresh notice to be served, on which date the petitioner shall produce the certified copy of this order before the said authority and shall wait for further instructions from the said authority. Page No.# 4/4

The learned Govt. Advocate shall also transmit a downloaded copy of this order to the Deputy Commissioner, Majuli (respondent no.4). In addition to above, petitioner may also submit a copy of the order to Deputy Commissioner, Majuli to bring the order to the notice of the said authority, so that the respondent no.4 is represented on the date fixed.