Decided on September 18,2018

Mala Das Appellant
State Of Assam And 4 Ors Respondents


Achintya Malla Bujor Barua, J. - (1.) Heard Mr. MU Mahmud, learned counsel for the petitioner, Mr. S Dutta, learned senior counsel for the respondent No.5 as well as Mr. TC Chutia, learned Additional Senior Government Advocate appearing for the State respondents.
(2.) The father of the respondent No.5 late Mohit Ranjan Sarbabidya and the petitioner Smti Mala Das by virtue of a partnership Deed jointly operated a fair price shop in the name and style of M/s Renuka Store in the Bongaigaon town. On the death of the father of the respondent No.5, the respondent No.5 being a legal heir, claimed a stake to be a part of the aforesaid partnership arrangement in respect of the said fair price shop. In the process, by an order dated 21.01.2018 of the In-charge Deputy Director of Food and Civil Supplies and Consumer Affairs, Bongaigaon, the petitioner Mala Das was directed to enter into a fresh Deed of partnership with the respondent No.5 for further carrying out the business of M/s Renuka Store. It is stated that the direction contained in the order dated 20.01.2018 was not complied with by the petitioner Mala Das.
(3.) In the consequence, the order dated 20.02.2018 was passed by the Deputy Commissioner, Bongaigaon, which is being assailed in this writ petition. By the order dated 20.02.2018, the Deputy Commissioner was of the view that as by the earlier order dated 20.01.2018, the petitioner Mala Das was directed to execute a fresh Deed of partnership for smooth running of the fair price shop, which the petitioner did not comply with, there was a violation of the provision of Clause-26 of the Assam Public Distribution of Articles Order, 1982, read with terms and conditions No.4 of the PDS License No.NSS(R)/62 issued in favour of M/s Renuka Store.;

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