KAMALGHAT EMPLOYEES COOPERATIVE CONSUMER STORES LTD. Vs. STATE OF TRIPURA
LAWS(TRIP)-2019-12-66
HIGH COURT TRIPURA
Decided on December 05,2019

Kamalghat Employees Cooperative Consumer Stores Ltd. Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

Akil Kureshi,J. - (1.)Heard learned counsel for the parties for final disposal of the petition.
(2.)Petitioner has challenged an order dated 29.07.2019 passed by the Licensing Authority, i.e. Sub-Divisional Magistrate, Mohanpur, West Tripura cancelling the dealership of the petitioner to run a fair price shop w.e.f. 31.07.2019.
(3.)The impugned order records that certain irregularities were detected in the petitioner running a fair price shop due to which a show-cause notice dated 13.06.2019 was served on him. The petitioner submitted the reply on 27.06.2019. He was granted personal hearing on 22.07.2019 which hearing was adjourned. Thereafter apparently without any fresh hearing after adjournment, the said authority proceeded to pass the impugned order. Relevant portion of the order reads as under:
"Whereas, further the dealer of the Kamalghat No.1 F.P. Shop, has been summoned to appear before the Licensing Authority (The SDM, Mohanpur), vide notice No.F.XI-1(54)/SDM/ FOOD/ FP/2019/ 2171 Dated, 17/07/2019. Accordingly, he has appeared before the Licensing Authority in his chamber for personal hearing on 22/07/19, at about 10.30 a.m. At that time SDC (Food), Chief Inspector (Food), Acctt (Food), and Inspector (Food), O/o the SDM, MNP were also present in the chamber of the SDM, Mohanpur. On asking about shortage of 15 kg rice, he replied different which was not incorporated in his written reply. Thus the secretary has failed to give satisfactory reply. Moreover, his behaviour was not well, afterward hearing was adjourned.

Considering the above facts and documentary evidence, I Sri Prasun De, SDM, Mohanpur (Licensing Authority) undersigned in exercise power conferred upon me, as per the sub-clause-2 of clause 3 of the Tripura Food grains (Distribution) Control Order 1972, promulgated under the Essential Commodities Act, 1955, do hereby cancel the dealership of Kamalghat No.1 F.P. Shop w.e.f. 31/07/19."

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