Md. Ajijul Sheikh and 2 Ors v. The State of Assam and 6 Ors

ORDER

10.05.2024 Heard Mr R Mazumdar, learned counsel for the petitioners. Also heard Ms S Baruah, learned Government Advocate appearing for respondent Nos. 1, 2, 3 and 7 as well as Mr R K Mushahary, learned Standing Counsel, BTC, for the respondent Nos. 4, 5 and 6.

¶2The case of the petitioners is that they are dealers of Fair Price Shop in their respective village under the Tamarhat GPPS Ltd. The Govt. of Assam introduced distribution of essential commodities in online mode by issuing ePOS device for which the individual dealer identity is required for every Fair Price Shop dealers.

¶3Accordingly, the petitioners claim that they have approached the Assistant Director, Food, Civil Supplies & Consumer Affairs (respondent no.6) for providing them with dealer identities. It is also projected that after various Fair Price Shop dealers have either resigned or started procuring food articles from other GPPS. Vacant identities of erstwhile dealers are available. Therefore, the petitioners have approached the Assistant Director, Food, Civil Supplies & Consumer Affairs to upload the names of the petitioners against those vacant identities of erstwhile dealers. However, approval has not been received and apprehension is expressed that the supplies of commodities for distribution under the PDS system may be stopped to the petitioners. Page No.# 4/5

¶4In this case although notice of motion was issued by order dated 26.06.2023, but no response has been filed till date.

¶5The learned standing counsel for the BTC has submitted that he is in receipt of instruction vide letter dated 01.08.2023 in connection with issues raised in this writ petition, and he is instructed that the Council Head of Department of Food, Civil Supplies & Consumer Affairs, BTR, Kokrajhar, on consideration of matters available on record, issued letter No. CHD/FCS&CA-35/2022/53 dated 25.04.2022, to the Director of Food, Civil Supplies & Consumer Affairs, Assam to create new Fair Price Shop dealer identity and the matter relating to creation of new identity is under consideration of the Director, Food, Civil Supplies & Consumer Affairs, Assam.

¶6From the said instructions, it also appears that the State Government has already issued direction to the Principal Secretary, BTC, to take action against the Fair Price Shop dealers who have been found violating the notification for online delivering of NFSA commodities without using ePOS devise.

¶7Under such circumstances, it is seen that the authorities in the BTC have no objection to the petitioners being granted new identities to enable them to supply NFSA articles through ePOS device. Moreover, the fact that the petitioners are Fair Price Shop dealers is also not disputed by the respondents, as such the Court is inclined to direct the Director of Food, Civil Supplies & Consumer Affairs, Assam (respondent no.2) to make Page No.# 5/5 such enquiry as may be required for the purpose and to create new identities in respect of the Fair Price Shop of the petitioners so that they can receive and distribute NFSA articles in online mode by using ePOS device.

¶8Consequently, the said authority shall also pass necessary orders so that ePOS device can be made available to the petitioners. The entire exercise of creating new identity of the Fair Price Shop of the petitioners shall be completed within a period of 6(six) weeks from the date of service of certified copy of this order upon the office of the Director of Food, Civil Supplies & Consumer Affairs, Assam.

¶9It is hoped that ePOS device shall also be provided to the petitioners within a reasonable time thereafter.

¶10This writ petition stands allowed to the extent as indicated above.

¶11Instruction produced by the learned standing counsel for the BTC is returned.

¶12It is provided that interim order passed on 26.06.2023 not to discontinue the Fair Price Shop of the petitioners stands extended till conclusion of the exercise by the Director of Food, Civil Supplies & Consumer Affairs, Assam. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010139672023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3712/2023o MD.oAJIJULoSHEIKHoANDo2oORSo S/O-oMD.oSAHANURoSHEIKH,oR/O-oVILL-oBARJANoPART-I,oP.O.oANDoP.S.o TAMARHAT,oDIST.-oDHUBRI,oASSAM,oPIN-o783332 2:oABDURoRAHMANoSK. oS/O-oMAHAMMADoALI oR/O-oVILL-oKACHARIGAONoPART-II oP.O.oKAMANDANGA oP.S.oTAMARHAT oDIST.-oDHUBRI oASSAM oPIN-o783332 3:oMD.oFARIDULoHOQUE oS/O-oGIYASoUDDINoSK. oR/O-oVILL-oHARIPURoPART-I oP.O.oDINGDINGA oP.S.oTAMARHAT oDIST.-oDHUBRI oASSAM oPIN-o78333o VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo TOoBEoREP.oBYoTHEoPRINCIPALoSECRETARYoTOoGOVT.oOFoASSAM,oFOOD,o CIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPTT.,oDISPUR,oGHY-06 2:THEoDIRECTORoOFoFOOD CIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPTT. oBHANGAGARH oGHY-05 3:THEoDEPUTYoCOMMISSIONER Page No.# 2/5 KOKRAJHAR P.O. AND DIST.- KOKRAJHAR BODOLAND TERRITORIAL COUNCIL (BTC) ASSAM PIN- 783370 4:THE SUB-DIVISIONAL OFFICER (CIVIL) GOSSAIGAON P.O. GOSSAIGAON DIST. KOKRAJHAR BODOLAND TERRITORIAL COUNCIL (BTC) ASSAM PIN- 783360 5:THE CIVIL HEAD OF THE DEPARTMENT FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS BODOLAND TERRITORIAL COUNCIL (BTC) KOKRAJHAR BODOLAND TERRITORIAL COUNCIL (BTC) ASSAM PIN- 783370 6:THE ASSTT. DIRECTOR OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS GOSSAIGAON BODOLAND TERRITORIAL COUNCIL (BTC) DIST.- KOKRAJHAR ASSAM PIN- 783360 7:THE DEPUTY COMMISSIONER DHUBRI P.O. P.S. AND DIST.- DHUBRI ASSAM PIN- 78330 Advocate for the Petitioner : MR. R MAZUMDAR Advocate for the Respondent : GA, ASSAM Page No.# 3/5 BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI