Fulerchar Gaon Panchayat Samabay Somiti Ltd v. The State of Assam and 5 Ors

ORDER Date : 03.10.2024

Heard Mr. A.D. Choudhury, the learned counsel appearing on behalf of the petitioner and Ms. S. Konwar, learned Government Advocate appears on behalf of the respondent Nos. 1, 2, 3 and 6. None appears on behalf of the Co-operation Department on call.

¶2The instant writ petition is taken up at the motion stage for disposal taking into account that the writ petition was filed in the year 2021 and the instructions have also been placed before this Court.

¶3From a perusal of the writ petition, it reveals that the petitioner is a Co-operative Society registered under the provisions of the Assam Co-Page No.# 3/3 operative Societies Act, 2007. Pursuant thereto, the petitioner had sought for being issued a PDS License and was forwarded by the Assistant Registrar of Co-operative Societies on 22.06.2015.

¶4In the records of the instant writ petition there is nothing mentioned as to why after 6(six) years from 2015, the petitioner has approached this Court in the year 2021.

¶5Be that it as may, it is seen that the petitioner herein applied in the year 2015 and the writ petition was filed in the year 2021 and at present as this Court takes up the instant writ petition another 3 years have already passed by.

¶6The learned counsel appearing on behalf of the petitioner submits that various further changes may have taken place in the meantime and as such taking into account the above the petitioner would be well advised to apply freshly for the PDS License if the petitioner is further interested in getting the license.

¶7Taking into account the above, this Court without going into the merits closes the instant writ petition in view of the submission made by the learned counsel for the petitioner.

¶8It is made clear that closing of the instant writ petition would not be a bar or cause prejudice to the petitioner in freshly applying for the PDS License, if so advised.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010203022021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/6516/2021 FULERCHARoGAONoPANCHAYAToSAMABAYoSOMITIoLTD REPRESENTEDoBYoITSoSECRETARY oAKHERUZZAMANoSHEIKH oAGEo39oYEARS oS/OoLATEoMOSLEMUDDINoSHEIKH oR/OoVILL.oFULERCHARoPART-III(PURANoSUKCHAR) oP.O.oFULERCHAR oP.S.oSOUTHoSALMARA oDIST.oSOUTHoSALMARAoMANKACHAR oPINo783135. oVERSUS THEoSTATEoOFoASSAMoANDo5oORS REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFOODoCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPARTMENT oDISPUR oGUWAHATI-6 2:THEoDIRECTOR FOODoCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPARTMENT oDISPUR oGUWAHATI-6 o3:THEoDEPUTYoCOMMISSIONER SOUTHoSALMARA oMANKACHARoDISTRICT oHATSINGIMARI oASSAM. Page No.# 2/3 4:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22 5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES HATSINGIMARI. 6:THE SUB-DIVISIONAL OFFICER(CIVIL) HATSINGIMARI. ------------ For the Petitioner(s) : Mr. A.D. Choudhury, Advocate For the Respondent(s) : Ms. S. Konwar, Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH