Theroswangbi Singha v. The State of Assam and 6 Ors

ORDER 05-02-2024 Heard Mr. T. K. Dey, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned counsel for the respondent nos. 1 to 5. The grievance of the petitioner is that the customers registered with the fair price shop run by the petitioner has been tagged with the fair price shop of the respondent no. 6, on the ground that the circular issued by the respondent no. 2 required fair price shop dealers to have more than 50 customers, while the petitioner's fair price shop was alleged to have members below 50. Page No.# 3/3 The petitioner's counsel submits that the number of customers/beneficiaries with the petitioner's fair price shop was 84. However, the respondent authorities have legally tagged the customers of the petitioner's fair price shop with the fair price shop of the respondent no. 6, on the ground that the petitioner's fair price shop has only 47 card holders. The petitioner's counsel submits that the petitioner has submitted a representation to the Deputy Commissioner, Hailakandi, with regard to the fact that the petitioner had more than 50 customers in his fair price shop and as such, his customers could not have been tagged with the fair price shop of the respondent no.

¶6He submits that the petitioner's representation not having been considered till date, a direction should be issued to the respondent no. 2, to take a decision on the petitioner's representation. Mr. M. Chetia, the learned counsel for the respondent submits that he has no objection to the prayer made by the petitioner's counsel. On considering the submissions made by the learned counsels for the parties, respondent no. 3 is directed to consider the petitioner's representation dated

23.03.2023 and take a decision on the same, within a period of 1 (one) month from the date of receipt of the certified copy of the order. The decision taken should thereafter be communicated to the petitioner. The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010127522023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3743/2023o THEROSWANGBIoSINGHAo D/O-oLATEoMONIoSINGHA,oR/O-oVILL-oRAJYESWARPURoPART-II,oP.O.oANDo P.S.oLALA,oPIN-o788163,oDIST.-oHAILAKANDI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo TOoBEoREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM,oFOOD,CIVILoSUPPLYoANDoCONSUMERoAFFAIRSoDEPTT.,oDISPUR,o GHY-6 2:THEoDIRECTORoOFoFOOD CIVILoSUPPLYoANDoCONSUMERoAFFAIRS oASSAM oBHANGAGARH oGHY-5 3:THEoDEPUTYoCOMMISSIONER oHAILAKANDI oASSAM oP.O.oANDoDIST.-oHAILAKANDI oPIN-o788151 4:THEoASSTT.oDIRECTOR oFOOD oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRS oHAILAKANDI oP.O.oANDoDIST.-oHAILAKANDI oASSAM oPIN-o788151 5:THEoAREAoOFFICERoCUMoINSPECTOR Page No.# 2/3 FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS HAILAKANDI P.O. AND DIST.- HAILAKANDI ASSAM PIN- 788151 6:SRI NABACHANDRA SINGHA LICENCE NO. 131800200314 R/O- VILL- RAJYESWARPUR PART-III P.S. AND P.O. LALA PIN- 788163 DIST.- HAILAKANDI ASSAM 7:ABDUR REJAK BARBHUIYA SECRETARY NISCHINTAPUR CO-OPERATIVE SOCIETY VILLAGE- NISCHITAPUR P.S. AND P.O. LALA DIST.- HAILAKANDI ASSAM PIN- 78816 Advocate for the Petitioner : MR. N ISLAM Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA