WP(C) 2871/2009 BEFORE THE HON’BLE MR JUSTICE B.P. KATAKEY Petitioner who is the chairman of M/s Dukhmochan G.P.S.S. Ltd by the pre sent writ petition has challenged the order dated 11.4.2008 issued by Deputy Com missioner, Darrang, Mangaldai suspending the sub-wholesale licence granted to th e Society with immediate effect pending drawal of further legal action and in co ntemplation of drawal of proceedings for cancellation of the licence standing in the name of the Society, in exercise of the power conferred under Clause-15(I) of the Assam Public Distribution of Articles Order, 1982, on the allegation that the Secretary of the said Society at that point of time has contravened the pro visions of Clause 11, 19 and 23 of the said Control Order and also the condition s No.3(a) and 3(b) of the licence granted in favour of the Society. I have heard Mr A. Roshid, learned counsel for the petitioner as well as Mr J. Handique, learned state counsel, appearing on behalf of respondent Nos.1 to 4. Despite several opportunities granted, no affidavit has been filed by th e respondents. The contention of the petitioner in the present writ petition is that du ring the tenure of the earlier Secretary there were certain irregularities in th e public distribution system pursuant to the sub-wholesale licence issued in the name of the Society, which has been suspended by the authority vide order dated 10.4.08. According to the petitioner, the said Secretary has been removed from the office of the secretary and the new elected body headed by the petitioner as chairman has adopted a resolution for appointment of a departmental secretary a nd accordingly, a departmental secretary was appointed vide order dated 27.2.200 9 whereby and where-under Sri Rukumuddin Ahmed, Jr Inspector/Auditor of the coop erative societies has been allowed to function as the secretary of the society. The petitioner thereafter filed an application before the authority for revocati on of the order of suspension and for allowing them to continue with the busines s of distribution of PDS articles pursuant to the sub-wholesale licence granted to them earlier which prayer has been recommended by the Assistant Registrar of Co-Operative Societies to Deputy Commissioner, Darrang, Mangaldai vide communica tion dated 9.3.09, but no such action has been taken on such recommendation. It is the further case of the petitioner that to his knowledge till today neither a ny further legal action nor any proceedings for cancellation of such licence has been initiated by the authority in terms of the observations made in the order dated 1.4.08. It appears from the impugned order dated 11.4.08 that the sub-wholesale licence has been temporarily suspended pending drawal of the cancellation proceedings fo r cancellation of such licence. But no such proceedings, according to the petiti oner, has been initiated till date. It also appears that the Additional Registra r of Co-operative Societies(Admn) vide order dated 27.2.2009 has appointed a Jr Inspector/ Auditor of the Cooperative Societies to function as secretary of the society until further orders. Vide communication dated 9.3.2009 the Assistant Re gistrar of Cooperative Societies thereafter recommended the case of the society for allowing them to do the business of distribution of PDS articles in terms of the licence earlier issued and in view of the changed circumstances, which acco rding to the petitioner, has not been attended to by the respondent authorities till date. Since by the impugned order dated 11.4.08 the sub-whole sale licence has been temporarily suspended and no cancellation proceedings has been initiated t ill date and also in view of the appointment of an officer of the department as secretary of the Society as well as the recommendation of the Assistant Registra r contained in the communication dated 9.3.2009, the present writ petition is di sposed of with a direction to the Deputy Commissioner, Darrang, Mangaldai to con sider the recommendation made by the Assistant Registrar of Co-operative Societi es relating to allowing the society to do the business of distribution of PDS ar ticles to its members in terms of the licence earlier issued and also to conside r the revocation of the order of suspension made vide order dated 11.4.08. Such consideration shall be made by the Deputy Commissioner within a period of one mo nth from the date of submission of the certified copy of the order passed today along with the copy of the writ petition with annexures thereto by the petitione r before the said authority. The writ petition accordingly stands disposed of. No costs.