WP(C) 2180/2012. Gauhati High Court
| Case Number | WP(C) 2180/2012 |
| Judgement Date | July 17, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM: NAGALAND: MI ZORAM AND ARUNACHAL PRADESH)
WP( C) No.2180/ 2012
Md. Amir Hussain
…Petitioner
-Versus-
The State of Assam & 4 Others
… Respondents
B E F O R E
HON’BLE MR. JUSTI CE ACHI NTYA MALLA BUJOR BARUA
Advocates for the Petitioner : Mr. AR Sikdar
Mr. MH Talukdar
Mr. M Ahmed
Mr. N Ahmed
Mr. A Kalam
Advocates for the Respondents : Mr. SS Roy
Govt. Advocate
Assam
Date of hearing & Judgment : 17.07.2017
JUDGMENT & ORDER ( ORAL)
Heard Mr. AR Sikdar, learned counsel appearing for the petitioner. Also heard Mr. SS Roy, learned State counsel for the respondents.
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The office note dated 11.06.2013 indicates that A/ D card in respect of respondent No.5 has been received back after service of notice with his
signature. Thereafter, by order dated 19.05.2017, this Court had accepted that the service as regards respondent No.5 is complete and that the matter be posted for hearing after 2(two) weeks.
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I nspite of the notice being served, the respondent No.5 chooses not to appear before this Court, as such, the matter is proceeded for disposal in his absence.
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A process was initiated for grant of a fair price shop license in the village Takuamari, in the district of Bongaigaon. Both the petitioner as well as the respondent No.5 had participated in the process for grant of the fair price shop license. But subsequently by the communication dated 03.04.2008, the respondent No.5 was requested to deposit the amount of Rs.300/ - as NSCFVP and Rs.25/ - as license fee through treasury challan. The implication of such requirement to deposit the amount is that the respondent authorities had decided to grant the PDF license in favour of the respondent No.5.
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The petitioner being aggrieved had preferred an earlier writ petition being WP(C)No.2554/ 2008. I n the said writ petition, the petitioner had raised two-fold grievances, inasmuch as, firstly the said respondent No.5 had earlier availed the benefit of belonging to a BPL family and secondly, he is also involved in some criminal cases.
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This Court by order dated 03.02.2011 had disposed of the said writ petition by providing that upon consideration of the criminal antecedent of respondent No.5 and also the fact that he was a BPL card holder till
02.11.2007, his selection for grant of PDF license in Takuamari village in preference over the petitioner cannot be considered to be reasonable and that this Court further expressed the view that the license...
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