Gauhati High Court Dismisses Dhubri Stamp Vendors Association’s Appeal Against ‘Indiscriminate’ Grant Of Licences

The Gauhati High Court recently dismissed an appeal filed by the Stamp Vendors Association, Dhubri alleging indiscriminate issuance of fresh Stamp Vendor Licenses to the non-members, on the ground that no legally enforceable right of the members of the said Association has been violated.

The division bench of The Chief Justice Sandeep Mehta and Justice Soumitra Saikia held:

“In the facts and circumstances of the present proceedings, the appellant association have not been able to demonstrate that it has any legally enforceable right, non-implementation of which has affected its rights and privileges guaranteed under any statute or law as such. The issuance of licence to persons who are not members of the appellant associations cannot be said to have affected any rights of the members of the appellant association in the facts and circumstance of the present proceedings.”

Background

The Stamp Vendors Association, Dhubri had submitted two representations dated June 29, 2006 and January 8, 2014 respectively before the Deputy Commissioner, Dhubri, seeking increase of the discount/commission and requesting for stoppage of indiscriminate grant of fresh licenses to other persons so that the existing Vendors can carry their business smoothly and earn a moderate income to maintain their family.

However, fresh licenses were issued to the private respondents by the Deputy Commissioner (DC), Dhubri.

Being aggrieved, the Association filed a writ petition in the year 2014 before the High Court seeking a direction for the DC to not to give effect to the fresh licenses granted to various persons and/or to refrain from issuing Vendor Code numbers. The High Court by order dated February 12, 2014 disposed of the writ petition with a direction to the Deputy Commissioner to take on record the representation dated January 8, 2014 submitted by the Association and thereafter to dispose of the same after hearing all parties as expeditiously as possible.

However, the Deputy Commissioner, Dhubri issued an order dated May 31, 2014 justifying the issuance of fresh licenses to some other persons as they were found to be very needy and genuine persons who were unemployed and unable to find any source of livelihood

It was further said in the order that the grievances of the members of the Association were found to be not plausible as the licensing authority issued such licenses in the larger interest of the society.

The association again approached the High Court assailing the order dated May 31, 2014. The High Court vide order dated June 11, 2014 ordered to maintain status quo among the parties. Further vide judgment and order dated March 14, 201,7 the high Court set aside the impugned order dated May 31, 2014 and directed the DC to dispose of the representation dated January 08, 2014, after hearing the parties, within a period of six weeks. However, the DC vide order dated July 15, 2017 again rejected the claims of the appellate association.

Being aggrieved, the Association filed another writ petition assailing the order dated July 15, 2017. The High Court vide judgment and order dated January 25, 2022 dismissed the writ petition on the ground that petitioner Association or its members cannot be said to be person aggrieved as no legal injury has been caused to the petitioner Association.

Appeal

The Association then filed the appeal against the judgment and order dated January 25, 2022.

In the writ appeal, the Association contended that the DC had been issuing fresh Stamp Vendor Licenses indiscriminately without first assessing the necessity of issuing fresh vendor licenses within the district of Dhubri and without taking into account the provisions of the Assam Stamp Manual.

The court said although the grievance of the Association is that licenses for Stamp Vending are issued by the DC without following the prescription under the Assam Stamp Manual, no specific instance or reference has been brought to its notice to support their contention that the authorities have flouted the norms and procedure.

It further observed that no contention was made by the appellants that grant of fresh licenses as vendors to the other individuals have resulted in any inconvenience and difficulties to the members of the public or sale of any unauthorized Stamp Papers or Stamps.

The court noted that no legal right of the appellants has been violated in the case.

“We find no reason to disagree with the views and conclusions reached by the learned Single Judge. We agree with the findings and conclusions reached by the learned Single Judge that the petitioner/ appellant Association cannot be considered to be a person aggrieved in respect of licenses being granted/issued to the private respondents as Stamp Vendors,” it held.

Case Title: Stamp Vendors Association & Ors. v. The State of Assam &Ors.

Citation: 2023 LiveLaw (Gau) 52

Coram: The Chief Justice Sandeep Mehta and Justice Soumitra Saikia

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