Boloram Das and 8 Ors v. The State of Assam and 3 Ors

O R D E R

25.08.2023

The instant writ petition has been filed by the petitioners seeking a direction upon the respondent Nos.3 & 4 not to issue any licence for operating new fair price shops by curtailing the existing customers of the petitioners' fair price shops in terms with the order passed by this Court dated 13.09.2013 passed in WP(C) No.5312/2013 as well as for a direction upon the respondent No.2 to dispose of the representation dated

02.08.2020 and to comply with the communication dated 09.11.1998 before issuing any licence for fair price shops in the operational area of the petitioners.

¶2This Court, taking into account the relief sought for, finds it relevant to refer to the judgment of the Supreme Court in the case of Sarkari Sasta Anaj Vikreta Sangh, Tahsil Bemetra and Others vs. the State of Madhya Pradesh and Others, reported in (1981) 4 SCC 471. In the said judgment, the Supreme Court observes that fundamental rights of traders like the petitioners therein who were carrying on the business in foodstuffs was in no way affected. It was observed that the petitioners therein could carry on trade in foodstuffs without hindrance as dealers, only they could not Page No.# 4/5 run fair price shops as agents of the Government. It was observed that no one could claim a right to run a fair price shop as an agent of the Government and all that persons could claim was a right to be considered to be appointed as an agent of the Government to run a fair price shop. Paragraph No.11 of the said judgment, being relevant, is reproduced herein under:- "11. Earlier, we have referred to the abuses which had grown up in the prevailing system of distribution of foodstuffs under the Madhya Pradesh Foodstuffs (Distribution) Control Order, 1960. The system had deteriorated and become completely unworkable and rotten to a breaking point. An absolute and thorough overhaul of the system had become compulsive if the population of Madhya Pradesh were to receive a regular supply of their rations. It was in those circumstances that the Government came to the conclusion that distribution of foodstuffs through cooperative societies (consumers' cooperative societies), would be the best method of distribution by which the goods could be delivered i.e. rations could be supplied to the consumers. No one can doubt the positive and progressive role which cooperative societies are expected to and do play in the economy of our country and, most surely, in the fair and effective distribution of essential articles of food. There certainly was a reasonable classification and a nexus with the object intended to be achieved, which was a fair and assured supply of rations to the consumer. The fundamental right of traders like the petitioners to carry on business in foodstuffs was in no way affected. They could carry on trade in foodstuffs without hindrance as dealers; only, they could not run fair price shops as agents of the Government. No one could claim a right to run a fair price shop as an agent of the Government. All that he could claim was a right to be considered to be appointed as an agent of the Government to run a fair price shop. If the Government took a policy decision to prefer cooperative societies for appointment as their agents to run fair price shops, in the light of the frustrating and unfortunate experience gathered in the last two decades, we do Page No.# 5/5 not see how we can possibly hold that there was any discrimination."

¶3Taking into account the observations so made by the Supreme Court as quoted herein above, it is the opinion of this Court that the petitioners have a right to carry on the business of fair price shops on the basis of the licences so issued. The issuance of the further licences by the respondent Department would depend upon the administrative exigency as well as the National Food Security Act, 2013 and the Rules framed therein under.

¶4Under such circumstances, the issuance of a writ as has been sought for by the petitioners would not be in the interest of the administrative exigency, and more so, in view of the mandate of the National Food Security Act, 2013 and the Rules framed therein under.

¶5Accordingly, the instant writ petition is devoid of any merit for which the same stands dismissed.

¶6It is made clear that the respondent authorities before issuance of any licence shall take note of the viability of the petitioners' fair price shops.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010029712021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1222/2021o BOLORAMoDASoANDo8oORSo S/O-oLT.oDEBESHoCH.oDAS,oR/O-oTALOWAoGAON,oP.O.oSRINAGAR,oDIST.-o DHUBRI,oASSAM 2:oABDULoSALAMoMONDAL oS/O-oLT.oHASENoALIoMONDAL oR/O-oKAIMATI oP.O.oCHOTOGUMA oDIST.-oDHUBRI oASSAM 3:oSANKARoPANDIT oS/O-oLT.oMONTUoPANDIT oR/O-oVILLoANDoP.O.oCHOTOGUMA oDIST.-oDHUBRI oASSAM 4:oWAZILoISLAM oS/O-oLT.oJONABoALIoSK oR/O-oPOKALAGIoPART-II oP.O.oKAMANDANGA oDIST.-oDHUBRI oASSAM 5:oMOTIARoRAHMANoMONDAL oS/O-oJOYNALoABEDIN oR/O-oKAIMATIo(CHOTTOGUMA) oP.O.oCHOTTOGUMA oDIST.-oDHUBRI oASSAM 6:oTAHERoALIoSK. oS/O-oANARUDDINoSK. oR/O-oBHERBHERI PageoNo.#o2/5 oP.O.oBARJAN oDIST.-oDHUBRI oASSAM 7:oBANDANAoSAHA oW/O-oSUBHASHoCH.oSAHA oR/O-oNATABARIoPART-I oP.O.oANDoP.S.oTAMARHAT oDIST.-oDHUBRI oASSAM 8:oDHANESHoBHAKAT oS/O-oDHARNAoNARAYANoBHAKAT oR/O-oMESPARA oP.O.oBARJAN oDIST.-oDHUBRI oASSAM 9:oFOZLULoHOQUE oS/O-oABDUSoSALAMoSK. oR/O-oKAMANDANGAoKUTI oP.O.oKAMANDANGA oDIST.-oDHUBRI oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oFOODoANDo CIVILoSUPPLIERoDEPTT.,oDISPUR,oGHY-06 2:THEoDY.oCOMMISSIONER oDHUBRIoP.O.oANDoDIST.-oDHUBRI oASSAM oPIN-o783301 3:THEoDY.oDIRECTOR oFOODoANDoCIVILoSUPPLY oDHUBRI oP.O. oP.S.oANDoDIST.-oDHUBRI oASSAM oPIN-o783301 4:THEoASSTT.oDIRECTOR oFOOD oCIVILoSUPPLIERoANDoCONSUMERoAFFAIRS oGOSSAIGAON Page No.# 3/5 KOKRAJHAR ASSAM PIN- 78336 For the petitioner (s) : None appears For the respondent (s) : Mr. N. Goswami, Govt. Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH