Page No.# 1/4 GAHC010074022026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2057/2026 M/S NABAJYOTI GAS AGENCY A PROPRIETORIAL FIRM HAVING ITS REGISTERED OFFICE AT HATIGARH CHARIALI, MOTHER TERESSA ROAD, GUWAHATI, DISTRICT KAMRUP METRO, ASSAM. REPRESENTED BY ITS PROPRIETOR SMTI. ARCHANA HAZARIKA, AGED ABOUT 54 YEARS, WIFE OF LATE NABAJYOTI HAZARIKA, RESIDENT OF HOUSE NO. 5, RUPALI PATH, R.G. BARUAH ROAD, NABIN NAGAR, ,GUWAHATI, KAMRUP (M), ASSAM, PIN- 781024 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER OF FOOD, PUBLIC DISTRIBUTION, CONSUMER AFFAIRS AND LEGAL METEOROLOGY, GOVERNMENT OF ASSAM, RAM KRISHNA MISSION ROAD,NEAR SISHU GRIHA, ULUBARI, GUWAHATI, ASSAM,PIN 781007. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT DISPUR GUWAHATI ASSAM PIN 781006 3:THE DISTRICT COMMISSIONER KAMRUP METROPOLITAN DISTRICT HENGRABARI GUWAHATI ASSAM PIN-781036. 4:THE GENERAL MANAGER (LPG SALES) Page No.# 2/4 GUWAHATI AREA OFFICE INDIA OIL CORPORATION LIMITED EAST POINT TOWER BAMUNIMAIDAN GUWAHATI PIN-781020 5:THE DIVISIONAL LPG SALES HEAD INDIAN OIL CORPORATION LTD GUWAHATI INDANE DIVISIONAL OFFICE EAST POINT TOWER 3RD FLOOR BAMUNIMAIDAN GUWAHATI KAMRUP METRO ASSAM PIN-781021. 6:THE CHIEF GENERAL MANAGER INDIAN OIL (ASSAM OIL DIVISION) NORTH EAST INTEGRATED STATE OFFICE INDIAN OIL BHAVAN SECTOR-III GUWAHATI REFINERY TOWNSHIP NOONMATI GUWAHATI ASSAM PIN 781020 Advocate for the Petitioner : MR. K N CHOUDHURY, MR. R M DEKA,N GAUTAM,MR. P GAYON,MR. TANUZ KASHYAP Advocate for the Respondent : GA, ASSAM, SC, I O C BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 17.07.2026 Heard Shri K. N. Choudhury, learned Senior Counsel assisted by Shri R. M. Deka, learned counsel for the petitioner. Also heard Shri D. Nath, learned Senior Government Advocate appearing for the contesting respondents. Shri N. Baruah, Page No.# 3/4 learned counsel is present for the respondent nos. 4 to 6. Pleadings have been exchanged and considering the subject matter involved, this writ petition is taken up for disposal at the admission stage. The challenge is against an order dated 04.04.2026 by which, the LPG distributorship of the petitioner has been suspended with immediate effect. As per the facts projected, while the petitioner was running the business of LPG distributorship, the impugned order dated 04.04.2026 was issued whereby his trade licence was suspended. Though the impugned order had referred to certain complaints, it is the case of the petitioner that he has not been served with copies of any such complaints. It is also contended that the petitioner was not given an opportunity of hearing before the order of suspension was issued which has affected his rights and has adverse civil consequences. Shri Choudhury, the learned Senior Counsel has submitted that there is also an apparent non application of mind to the Assam Trade Articles (Licensing and Control) Order of 1982 holding the field inasmuch as, the suspension has been ordered as per the powers vested by Clause 8 which is with some other aspects. He however submits that even assuming it falls under Clause 11, under which the suspension has been ordered, under Section 11 (2), such period of suspension cannot exceed 90 days and it is not in dispute that such 90 days was over on or about 03.07.2026. Per contra, Shri Nath, the learned Senior Govt. Advocate has submitted that in the meantime, proceeding was initiated and is on the verge of completion and as per verbal instructions received by him final orders passed within a day or two. After hearing the learned counsel for the parties and without going to the Page No.# 4/4 aspect of an opportunity of hearing if required before such order of suspension is issued, this Court is of the opinion that in view of the categorical requirement of law under Clause 11(2) of the Order of 1982 that a period of suspension cannot exceed 90 days and admittedly no further orders have been passed towards cancellation or otherwise of the licence of the petitioner, this Court is of the opinion that the impugned order of suspension has spent its force on or about 03.07.2026. In view of the above, the impugned order dated 04.04.2026 is held to be non est in law from 03.07.2026 and consequently, the licence of the petitioner is liable to be restored. The aforesaid direction however would be subject to final orders that may be passed in the proceeding by the appropriate authority which is required to be communicated to the petitioner in accordance with law. JUDGE Comparing Assistant