Page No.# 1/4 GAHC010142732025 2025:GAU-AS:8743 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3705/2025 KAFILUDDIN @ KABILUDDIN @ KAPILUDDIN S/O. LT. ABDUL KARIM, R/O. VILL.- SUTIRPAR, P/O. AND P/S. JURIA, DIST. NAGAON, ASSAM, PIN-782124. VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FOOD, PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DISTRICT COMMISSIONER NAGAON (FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS BRANCH) NAGAON ASSAM PIN-782001. 3:THE ADDITIONAL DISTRICT COMMISSIONER NAGAON (FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS BRANCH) NAGAON ASSAM PIN-782001 4:THE SECRETARY OF M/S LETERIPAR GPSS LTD. FURHANI ATI BARALIMARI JURIA DIST. NAGAON ASSAM Page No.# 2/4 PIN-782124 Advocate for the Petitioner : DARAK ULLAH, MR J H FARAZI,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 27-06-2025 Heard Mr. S Ahmed, learned counsel for the petitioner, who submits that the petitioner’s fair price shop license was cancelled on 10.04.2025 by the respondents, on the ground that the petitioner had been convicted and sentenced by the Court of the learned Sessions Judge, No. 2, Nagaon in Sessions (T2) Case No. 138/2016 under Sections 324/307 of the IPC. 2. The petitioner’s counsel submits that the petitioner preferred an Appeal before this Court, vide Criminal Appeal 107/2025 and for suspending the sentence imposed upon the petitioner, vide I.A.(Criminal) 317/2025. He submits that this Court has suspended the sentence imposed upon the petitioner. 3. The petitioner’s counsel submits that the petitioner has a family to provide and unless he is able to run his fair price shop, the petitioner’s family would starve, which would be in violation of Article 21 of the Constitution of India. 4. Mr. M Chetia, learned counsel for the respondent Nos. 1 to 3 submits that the petitioner’s fair price shop license has been cancelled on account of the fact that the petitioner has been convicted in a criminal case by the learned Sessions Court and the said conviction has not been stayed or suspended by this Court. Page No.# 3/4 Only the sentence imposed upon the petitioner under Sections 324/307 of the IPC has been suspended. He further submits that there is no infirmity with the cancellation of the fair price shop license of the petitioner in terms of Clause 17 of the Assam Public Distribution of Articles Order, 1982. 5. I have heard the learned counsels for the parties. 6. As has been rightly pointed out by the counsel for the respondent Nos. 1 to 3, the petitioner had been convicted in a criminal case by the learned Sessions Court. The Appeal filed by the petitioner is pending before this Court and only the sentence imposed upon the petitioner has been suspended by this Court. The conviction has not been stayed or suspended in the Appeal filed by the petitioner. 7. Clause 17 of the Assam Public Distribution of Articles Order, 1982, which has been made in exercise of the power conferred under Section 3 of the Essential Commodities Act, 1955 states as follows:- “When a licensee has been convicted by a Court of law or contravention of any Order made under Section 3 of the Essential Commodities Act, (Central Act 10 of 1955), the Licensing Authority shall, be Order in writing, cancel his license without giving the licensee any opportunity of stating his case” 8. In view of Clause 17 of the Assam Public Distribution of Articles Order, 1982, there is no infirmity with the impugned order dated 10.04.2025 issued by the District Commissioner, Nagaon, (Food, Public Distribution & Consumer Page No.# 4/4 Affairs Branch) in cancelling the fair price shop license of the petitioner. 9. The writ petition stands dismissed accordingly. JUDGE Comparing Assistant