Md. Adud Ahmed v. The State of Assam and 2 Ors

ORDER Date : 13.03.2024

Heard Mr. U. J. Saikia, learned counsel for the petitioner and Mr. S. R. Baruah, learned counsel for all the respondents.

¶2The petitioner is a Licensee of a Fair Price Shop [FPS] under the Page No.# 2/3 provisions of the Assam Public Distribution of Articles [APDA] Order, 1982 and he runs his Fair Price Shop [FPS] in a locality within the jurisdiction of Silchar.

¶3It is the grievance of the petitioner that since July, 2023, the petitioner has not been allotted Public Distribution System [PDS] commodities, despite the fact that the petitioner has more than 50 Ration Card beneficiaries tagged with his Fair Price Shop [FPS]. The petitioner has contended that the allotment of the PDS commodities could not have been stopped under the provisions of One Nation One Ration Card [ONORC] Scheme framed by the respondent authorities, as he has more than 50 Ration Card beneficiaries tagged with his Fair Price Shop [FPS].

¶4The petitioner's counsel submits that as per his record, there are 53 ration card beneficiaries that have been tagged with his fair price shop.

¶5On the other hand, the affidavit of the respondent No. 3, i.e. District Commissioner, Cachar, is to the effect that the petitioner's fair price shop had 50 ration card holders. The above conflicting stands taken by the parties clearly show that there is a disputed question of fact.

¶6At this stage, the counsels for the parties submit that as there are disputed questions of facts, the same may be decided by the Director of Food, Civil Supplies & Consumer Affairs (respondent No. 2).

¶7Accordingly, as per the consent of the parties, the respondent No. 2 is directed to take a decision, as to whether the petitioner's fair price shop had 50 or more ration card holders at the relevant point of time, after giving an opportunity of hearing to the petitioner. The entire exercise Page No.# 3/3 should be concluded within a period of six weeks from the date of receipt of a certified copy of this order.

¶8This writ petition is accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010201982023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5411/2023 MD. ADUD AHMED S/O- ATUR RAHMAN, R/O- JALALPUR PART II, KATIGORA, SILCHAR-788816, DIST- CACHAR, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, FOOD , CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT DISPUR, GHY-06 2:THE DIRECTOR OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM RUPNAGAR GHY-32 3:THE DEPUTY COMMISSIONER CACHAR ASSA Advocate for the Petitioner : MR. U J SAIKIA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA