Page No.# 1/5 GAHC010027702025 2025:GAU-AS:12934 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/735/2025 AMBUJA SINGH W/O. SRI. AMIT SINGH, RESIDENT OF PAILAPOOL, P.S. LAKHIPUR, DIST. CACHAR, ASSAM, PIN-788098 VERSUS THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY, TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI, KAMRUP(M)-6, ASSAM. 2:THE ADDL.CHIEF SECRETARY GOVT. OF ASSAM FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT DISPUR GUWAHATI-06. 3:THE APPELLATE AUTHORITY TO THE SECRETARY TO THE GOVT. OF ASSAM FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT DISPUR GUWAHATI KAMRUP(M)-6 ASSAM 4:THE COMMISSIONER FOOD AND CIVIL SUPPLIES CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT KAMRUP(M) ASSAM PIN-781005. Page No.# 2/5 5:THE DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM PIN-788001. 6:THE SUB-DIVISIONAL OFFICER (CIVIL) DEPARTMENT OF FOOD AND CIVIL SUPPLIES LAKHIPUR SUB-DIVISION LAKHIPUR CACHAR ASSAM PIN-788098. 7:THE ASSISTSANT COMMISSIONER CUM EXECUTIVE MAGISTRATE LAKHIPUR DIST. CACHAR ASSAM PIN-788098. 8:THE SUPERINTENDENT FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS LAKHIPUR SUB-DIVISION LAKHIPUR P/O. AND P/S. LAKHIPUR DIST. CACHAR ASSAM PIN-788098 For the Petitioner(s) : Mr. I. Alam, Advocate For the Respondent(s) : Mr. S.R. Baruah, Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.09.2025 Heard Mr. I. Alam, the learned counsel appearing on behalf of the petitioner. Mr. S. R. Baruah, the learned Government Advocate appears on behalf of the respondents. Page No.# 3/5 2. The petitioner herein has approached this Court assailing the order of suspension dated 22.07.2024 as well as the Appellate Order dated 01.02.2025 whereby the suspension order was upheld. 3. On 16.09.2025, when the matter was taken up, Mr. I. Alam, the learned counsel appearing on behalf of the petitioner submitted that the continuation of the suspension order dated 22.07.2024 beyond the period of 90 days without issuance of any show cause notice as mandated under Clause 15(2) of the Assam Public Distribution of Articles Order, 1982 (for short, “the Order of 1982”) is not permissible, for which, there is a requirement for interference with the suspension order dated 22.07.2024 as well as the Appellate Order dated 01.02.2025. Upon such submission being made, this Court enquired with Mr. S.R. Baruah, the learned Government Advocate who appears on behalf of the respondents, as to whether, any show cause proceeding was initiated by the Respondent Authorities pursuant to the suspension of the petitioner’s fair price shop license. 4. Today, Mr. S.R. Baruah, the learned Government Advocate, placed before this Court an instruction issued by the Co-District Commissioner, Lakhipur dated 17.09.2025 wherein he has categorically mentioned that the show cause notice is yet to be Page No.# 4/5 issued. The said instruction is kept on record and marked with the letter “X”. 5. In the backdrop of the above, this Court finds it relevant to take note of Clause 15 of the Order of 1982 and the same is quoted herein under: “15. (1) If any licensee or his agent or servant or any other person acting on his behalf contravenes any of the terms and conditions of the licence, then without prejudice to any other action that may be taken under the Essential Commodities Act 1955 (Central Act 10 of 1955) his licence may be cancelled or suspended by any Order in writing of the Licensing Authority and an entry will be made in his licence relating to such suspension or cancellation. (2) No Order of cancellation shall be made under this Clause unless the licensee has been given reasonable opportunity or stating his case against the proposed cancellation by but during the pendency or in contemplation of the proceedings of cancellation of the licence, the licence can be suspended for a period not exceeding 90 days without giving any opportunity to the licensee of stating his case.” 6. A reading of the above clause, more particularly, Sub-Clause 2 of Clause 15 of the Order of 1982 would clearly show that the license can be suspended for a period not exceeding 90 days. 7. In the instant case, as the suspension order was on 22.07.2024 and the suspension continues till date which is beyond one year and that too no proceedings for cancellation have been initiated, this Court in view of Clause 15(2) of the Order of 1982 sets aside the suspension order dated 22.07.2024 Page No.# 5/5 as well as the Appellate Order dated 01.02.2025. 8. Accordingly, the instant writ petition stands allowed as above. 9. Before parting with the record, this Court, however, observes that the setting aside of the suspension order dated 22.07.2024 as well as the Appellate Order dated 01.02.2025 shall not preclude the Respondent Authorities to initiate proceedings for cancellation, in the circumstance, the Respondent Authorities considers it necessary. 10. This Court further observes that in view of the suspension order as well as the Appellate Order having been set aside, the petitioner herein would be entitled to all the rights and privileges of the license, issued in his favour. JUDGE Comparing Assistant