Nural Islam v. The State of Assam and 6 Ors

ORDER Date : 04-08-2023 Heard Mr. A.M. Khan, learned counsel for the petitioner; Mr. M. Chetia, learned Junior Government Advocate, Assam for the respondent nos. 1 – 6. The petitioner was granted a licence of Fair Price Shop [FPS] vide Licence no. PDA-1304/2008 under the provisions of the Assam Public Distribution of Articles [APDA] Order, 1982. The petitioner used to operate his Fair Price Shop [FPS] at Village – Monkala, P.O. Tulshibari, District - Goalpara within the area of operation of M/s Takimari Samabay Samittee Limited. The petitioner renewed his licence from time to time and lastly, his licence was renewed up to

31.03.2022. Page No.# 3/4 The Department of Food, Civil Supplies and Consumer Affairs, Government of Assam took a decision, conveyed vide a letter under Memo no. DS.81/2020/516-A dated 07.08.2021, to tag the ration cards of Fair Price Shops having 50 or less than 50 ration cards with the nearest Fair Price Shops having more than 50 ration cards under a scheme named One Nation One Ration Card [ONORC] Scheme. Subsequent to the said decision, the licence of the petitioner was not renewed subsequent to 31.03.2022. The petitioner has asserted that he is a specially abled person suffering from 40% permanent disability and the said fact has been certified by the Medical Authority, Goalpara Assam. Since a policy decision has already been taken by the State Government in its Cabinet Meeting, held on 19.10.2021, to exempt the Fair Price Shops having 50 or less than 50 ration cards the owners of which are either widows and specially abled persons from the purview of the One Nation One Ration Card [ONORC] Scheme, the decision not to renew PDS licence of the petitioner issued under the APDA Order, 1982 beyond 31.03.2022 was improper and unauthorized. Mr. Chetia, learned Junior Government Advocate, Assam appearing for the respondent nos. 1 – 6 has submitted that the petitioner did not approach the respondent authorities, more particularly, the Deputy Commissioner, Goalpara who is the Licensing Authority, in time seeking exemption as a specially abled person. From the Disability Certificate bearing Certificate no. AS0310419680150676 dated 26.02.2021 issued by the Medical Authority, Goalpara and the Unique Disability ID, appended to the writ petition, it prima facie appears that the petitioner is a specially abled person having 40% permanent disability. In such view of the matter, the respondent no. 3, as the Licencing Authority, shall Page No.# 4/4 consider the case of the petitioner by taking into consideration the policy decision of the State Government to exempt the cases of the specially abled person from the purview of One Nation One Ration Card [ONORC] Scheme. Accordingly, this writ petition is disposed of with a direction to the respondent no. 3 to consider the case of the petitioner for exemption from the purview of One Nation One Ration Card [ONORC] in the exempted category of specially abled person within a period of 4 [four] weeks from the date of submission of a certified copy of this order at his office by the petitioner, along with an application accompanied by all the necessary certificates/documents including the Disability Certificate, the Unique Disability ID card, copies of which have been appended to this writ petition, in support of his claim regarding specially abled person and for exemption from the purview of the One Nation One Ration Card [ONORC] Scheme. If after such examination, the respondent no. 3 finds that the petitioner falls in the category who can be exempted from the purview of the One Nation One Ration Card [ONORC] Scheme, then necessary steps shall be taken forthwith thereafter for renewal of PDS licence of the petitioner under the APDA Order, 1982. This order disposes of the writ petition.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010008322023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/260/2023o NURALoISLAMo S/O-oLT.oMOFIZoUDDINoSARKAR,oVILL-oKAMINIRBHITA,oP.S.oLAKHIPUR,o DIST.-oGOALPARA,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oFOOD,oCIVILo SUPPLIESoANDoCONSUMERoAFFAIRSoDEPTT.,oDISPUR,oGHY-06 2:THEoDIRECTOR oFOOD oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRS oASSAM oGHY-5 3:THEoDY.oCOMMISSIONER oGOALPARA oASSAM o783101 4:THEoDY.oDIRECTOR oFOOD oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRS oGOALPARA oASSAM o783101 5:THEoSUPPLYoINSPECTOR oFOOD oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRS oGOALPARA Page No.# 2/4 ASSAM 783101 6:THE AREA OFFICER FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS GOALPARA ASSAM 783101 7:THE SECRETARY M/S. TAKIMARI S.S. LIMITED P.O. TAKIMARI P.S. LAKHIPUR DIST.- GOALPARA ASSAM- 78312 Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY