SURESH CHANDRA DEKA Vs. THE STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THIS writ application impugns the order dated 29.10.81 in Memo No. KSL. 441/81/11A passed by the Deputy Commissioner, Kamrup, Gauhati in exercise of powers conferred by Govt, Notification No. SDB. 304/58/30 dated 4.11.58, revoking the Petitioner's appointment as retailer under the Assam Foodstuffs (Distribution) Control Order, 1951 with immediate effect.

(2.) THE Petitioner was appointed retailer under the Assam Foodstuffs (Distribution) Control Order, 1958, hereinafter referred to as 'the Control Order', in 1965 and he had been working as such. The Petitioner received a notice dated 3.10.81 issued for the Additional Deputy Commissioner (K) and Special Officer of Food and Civil Supplies, Kamrup, Gauhati requiring him to show cause within seven days as to why his retail dealership would not be cancelled for violation of provisions of the Control Order as he was "found selling Kerosene at a price exceeding the Govt. fixed price and also dealing in open market rice in the same shop premises". In the copy of the notice to the Supdt. of Food and Civil Supplies, East Zone there was the direction. He will withdraw the F.I. Card from the retailer and tax same to a nearby shop. The relevant registers and permit book may be obtained from the retailer as per formality if not ready done".

(3.) THE Petitioner showed cause on 12.10.81 stating that as the Government of Assam had not intimated the rates at which kerosene was to be sold, he had fixed and displayed the price Rs. 1.78 per litres according to a news item that appeared in the daily Dainik Asom; that he had purchased 60 kgs. of (sic) rice for his personal construction which was left in his shop by the carrier, that under condition 12 of his licence he was allowed to sell rice which did not come under the category of rice sold at controlled price; and that as such there was no violation of any rules or regulations by him.