Md. Monir Uddin and 4 Ors v. The State of Assam and 7 Ors

ORDER Date : 05.08.2024

Heard Mr. B. Chakraborty, learned counsel for the petitioners. Also heard Mr. N. Goswami, learned Government Advocate, appearing on behalf of the Page No.# 3/4 State respondents.

The petitioners, in the present proceeding, have raised a grievance with regard to the inaction on the part of the respondent authorities in not taking appropriate action against the respondent No. 8, herein, with regard to the violations as committed by him of the provisions of the Assam Supply Distribution Orders, 1982, as well as the provisions of National Food Security Act, 2013.

It is to be noted that the petitioners, herein, are the beneficiaries of a benevolent scheme as brought into operation by the Government through the targetted Public Distribution System.

It is contended in the writ petition that the respondent No. 8, herein, who is a licensee under the Assam Public Distribution of Articles Order, 1982, and is entrusted with the responsibility of distribution of PDS items; has been committing irregularities in distribution of such items leading to the petitioners being deprived of their respective dues.

It is to be noted that the petitioners, herein, had approached the respondent authorities and having not found any positive response in the matter; had approached the Court of the learned Chief Judicial Magistrate, Morigaon, by instituting a complaint being C.R. Case No. 968/2016. In pursuance of the directions of the said Court, the matter was remanded to the Lahorighat Police Station and a criminal case was registered against the respondent No. 8 being Lahorighat P.S. Case No. 372/2016.

Page No.# 4/4 The said case not having been taken to its logical conclusion, the petitioners have instituted the present proceeding, praying for handing over the said case to the CID or to any other specialized investigating agency. The petitioners have also prayed for taking appropriate steps against the respondent No. 8 as well as other departmental authorities involved in the matter.

Today, the learned Government Advocate, on instructions, has submitted that the police on completion of the investigation in connection with Lahorighat P.S. Case No. 372/2016; has already filed the charge-sheet being C.S. No. 151/2017 in the year 2017 against the respondent No. 8, herein, and the matter is presently pending trial.

In view of the above position; the grievance raised by the petitioners, in the present proceeding, has been redressed and accordingly, no further live issue being available for adjudication; the instant writ petition stands disposed of holding that the criminal proceedings as instituted against the respondent No. 8, herein, and/or proceedings instituted by the departmental authorities, would be carried-out forward and concluded strictly in accordance with law.

JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010174622016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6550/2016o MD.oMONIRoUDDINoando4oORS.o S/OoLT.oS.oALI 2:oJAHANARAoBEGUM oW/OoMD.oMONIRoUDDIN 3:oMUSTT.oPARBINoSULTANA oW/OoABDULoRAHIM 4:oMUSTT.oSAJHIDAoAKHTARoKHANAM oW/OoABDULoSADEK 5:oMUSTT.oHASNARAoBEGUM oW/OoJALALoUDDIN o1oTOo5oALLoAREoR/OoDEWAGURI oP.S.oLAHORIGHAT oDIST-oMORIGAON oASSAM oPIN-78212o VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REP.oBYoTHEoCOMMISSIONERoandoSECY.,oHOMEoDEPTT.,oDISPUR,oGHY-6 2:THEoCOMMISSIONERoANDoSECY. oFOOD oCIVILoSUPPLYoandoCONSUMERoAFFAIRSoDEPTT. oGOVT.oOFoASSAM oDISPUR oGHY-6 3:THEoDIRECTORoOFoFOODoCIVILoSUPPLYoandoCONSUMERoAFFAIRS oASSAM Page No.# 2/4 BHANGAGARH GHY-5 4:THE DY. COMMISSIONER MORIGAON DIST- MORIGAON 5:THE SUPERINTENDENT OF POLICE DIST- MORIGAON MORIGAON 6:THE OFFICER IN CHARGE LAHORIGHAT P.S. and DIST- MORIGAON ASSAM 7:THE ASSTT. DIRECTOR FOOD CIVIL SUPPLY and CONSUMER AFFAIRS MORIGAON DIST- MORIGAON ASSAM 8:ABU BAKKAR S/O LT. A. MAZID VILL. DEWAGURI P.S. LAHORIGHAT DIST- MORIGAON ASSAM PIN-78212 Advocate for the Petitioner : MR.U DAS, MS.P UPAMANYU,MR.B CHAKRABORTY Advocate for the Respondent : MR.A I UDDINR-8, GA, ASSAM,MR.A GEER(R-8),MR.A ALAM(R-8),MR.H R A CHOUDHURY(R-8),MR.S K SINGHA(R-8) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR