Rakesh Singh v. The State of Assam and 7 Ors

ORDER

24.07.2024

¶1Heard Mr. I. Alam, learned counsel for the petitioner and Mr. S.R. Barua, learned counsel for all the respondents.

¶2The petitioner's case is that the fair price shop licence of the petitioner had been suspended on 09.10.2023 and the consumers that had been attached with the petitioner's fair price shop were subsequently attached with the fair price shop of Ambuja Singh.

¶3The Executive Magistrate, Lakhipur, Cachar, on visiting the fair price shop of Ambuja Singh, found the same to be closed.

¶4The petitioner's counsel submits that thereafter the Executive Magistrate, Lakhipur, Cachar had sealed the dwelling house of the petitioner, thinking that the same was the fair price shop of Ambuja Singh.

¶5This Court, vide order dated 22.07.2024 had directed Mr. S.R. Barua, learned counsel for all the respondents to obtain instructions, as to whether the personal dwelling house of the petitioner had been sealed, vide the Seal Notice (Door No.2) on 17.07.2024.

¶6Today, Mr. S.R. Barua has submitted letter no. CSE.3/2024/68 dated Page No.# 4/5

23.07.2024 issued by the District Commissioner, Cachar, Silchar, which states that the dwelling house of the petitioner at Door No.2 had not been sealed by the Executive Magistrate, Lakhipur on 17.07.2024. Further, the petitioner was running the fair price shop along with the fair price shop of Ambuja Sing from the same room situated at Pailapool, Lakhipur, Cachar since long, which was in clear violation of Condition No.2(a) and (b) of the Assam Public Distribution Articles Order, 1982. The letter dated 23.07.2024 also stated that the de-sealing of the door, for which the writ petition has been filed, has already been de-sealed by the Executive Magistrate, Lakhipur on 22.07.2024. He also submits that the room having Door No.2 is not the dwelling place of the petitioner, though there is a bed in the room.

¶7The contents of the letter dated 23.07.2024 issued by the District Commissioner, Cachar, Silchar is reproduced hereinbelow, as follows : "No. CSE. 3/2024/68 Dated, Silchar the 23rd July, 2024

To, Shri Sudipta Ranjan Boruah Jr. Govt. Advocate, Assam, Gauhati High Court, Guwahati-I. Sub:- Regarding instruction in connection with W.P. (C) No. 3584/2024 (Rakesh Singh-Vs-The State of Assam) Ref:- Letter No. JR/GA/SRB/6310 dtd. 22.07.2024

Sir, With reference to the subject cited above, I would like to submit hereunder the instruction in connection with W.P. (C) No. 3584/2024 (Rakesh Singh-Vs-The Page No.# 5/5 State of Assam) :-

¶1It is not a fact that the dwelling house of the petitioner at Door No. 2 has been sealed by the Executive Magistrate, Lakhipur on 17/07/2024.

¶2It is to be stated that the petitioner was running his Fair Price Shop along with Fair Price Shop held by another Dealer namely Ambuja Singh from the same room situated at Pailapool, Lakhipur, Cachar since long. The fact is that 02

(two) nos. of Fair Price Shop are running from the same shop. This is a clear violation of condition No. 2 (a) and (b) of the Assam Public Distribution Articles Order, 1982. This fact has been reported by the beneficiaries of the said Fair Price Shop at the time of physical inspection by the Executive Magistrate, Lakhipur on 17.07.2024.

¶3It is also to be stated that the door for which the Writ Petition has been filed, has already been de-sealed by the Executive Magistrate, Lakhipur on

22.07.2024, considering the prayer petition of the petitioner."

¶8The letter dated 23.07.2024 issued by the District Commissioner, Cachar, Silchar is made a part of the record and marked as Annexure-X.

¶9In view of the fact that the Door No.2, which the writ petitioner had prayed for de-sealing, has been de-sealed, nothing remains to be adjudicated any further in the writ petition.

¶10The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010143322024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3584/2024o RAKESHoSINGHo S/O-oLATEoRANAoPRATAPoSINGH,o R/O-oH.NO-70A,o LABAKPARoPART-oII,o P.O-oPAILAPOOL,o P.S-oLAKHIPUR,o DIST-CACHAR,oASSAM,oPIN-788004 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REP.oBYoTHEoCHIEFoSECRETARYo,oTOoTHEoGOVT.oOFoASSAM,oDISPUR,o GUWAHATI-06,oKAMRUPo(M),oASSAM 2:THEoADDITIONALoCHIEFoSECRETARY o oTOoTHEoGOVT.oOFoASSAM oDISPUR oFOODo oPUBLICoDISTRIBUTIONoANDoCONSUMERoAFFAIRSoDEPARTMENT oDISPUR oGUWAHATI-06 oKAMRUPo(M) oASSAM 3:THEoSECRETARY oTOoTHEoGOVT.oOFoASSAM o FOODo oPUBLICoDISTRIBUTIONoANDoCONSUMERoAFFAIRSoDEPARTMENT oDISPUR oGUWAHATI-06 Page No.# 2/5 KAMRUP (M) ASSAM 4:THE COMMISSIONER FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS LEGAL METROLOGY DEPARTMENT DISPUR GUWAHATI-05 KAMRUP (M) ASSAM 5:THE DEPUTY COMMISSIONER CACHAR SILCHAR ASSAM PIN-788001 6:THE SUB DIVISIONAL OFFICER (CIVIL) DEPARTMENT OF FOOD AND CIVIL SUPPLIES LAKHIPUR SUB DIVISION LAKHIPUR CACHAR SILCHAR ASSAM PIN-788103 7:THE EXECUTIVE MAGISTRATE LAKHIPUR SUB DIVISION P.O AND P.S- LAKHIPUR DIST-CACHAR SILCHAR ASSAM 8:THE INSPECTOR DEPARTMENT OF FOOD AND CIVIL SUPPLIES LAKHIPUR SUB DIVISION LAKHIPUR P.O AND P.S- LAHIPUR DIST-CACHAR ASSAM PIN-78810 Advocate for the Petitioner : MR. B J GHOSH Advocate for the Respondent : GA, ASSAM Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA