Page No.# 1/3 GAHC010122582024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/212/2024 KRISHNA BALA ADHIKARY W/O ANANDA ADHIKARY, RESIDENT OF VILL- GHARIALDANGA PT.II, PO-MAHAMAYAHAT, PS- GOLOKGANJ, DIST. DHUBRI, ASSAM, PIN-783335 VERSUS PRODIP KUMAR BISWAS AND 7 ORS S/O HARENDRA NATH BISWAS, RESIDENT OF VILL- GHARIALDANGA PT.II, PO-MAHAMAYAHAT, PS-GOLOKGANJ, DIST. DHUBRI, ASSAM, PIN- 783335 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI-6 3:THE REGISTRAR OF CO-OPERATIVE SOCIETIES KHANAPARA ASSAM GUWAHATI-22 4:THE DISTRICT COMMISSIONER DHUBRI DIST. DHUBRI ASSAM 5:THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES DHUBRI Page No.# 2/3 DIST. DHUBRI ASSAM 6:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES DHUBRI DIST. DHUBRI ASSAM 7:THE HALAKURA S.S. LTD. REPRESENTED BY ITS CHAIRMAN VILL-HALAKURA PO-MAHAMAYAGHAT DIST. DHUBRI ASSAM PIN-78333 For the appellant/petitioner(s) : Mr. R. Islam, Advocate For the Respondent(s) : Mr. D. Nath, Sr. GA, Assam Mr. M. I. Hussain, Advocate Mr. G. Bordoloi, SC, Co-operation Deptt. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 20.01.2026 (Ashutosh Kumar, CJ) The grant of licence to the appellant to run Fair Price Shop under the Public Distribution System was stayed by the impugned judgment dated 16.05.2024 and the matter has been remanded to the authorities to decide afresh. During the course of arguments, it was found that there was no procedure prescribed under the Assam Public Distribution of Articles Page No.# 3/3 (APDA) Order, 1982 for grant of licence, which could have otherwise led to arbitrary decisions by the authorities. This Court enquired whether any rule exists with respect to grant of licence for running Fair Price Shop under the Public Distribution System. Mr. D. Nath, learned Senior Government Advocate, Assam, submits that formulation of Rules is under way, but, in the interregnum, an Executive Order dated 09.12.2025 has been issued delineating the process and the eligibility conditions for grant of licence under the Public Distribution System. In that view of the matter, we do not wish to interfere with the impugned judgment passed by the learned Single Judge remanding the matter to the authorities, but we only clarify that the authorities in question shall clearly decide as to who should be given the licence, which decision shall be in accord with the Executive Order dated 19.12.2025. The decision in that regard must be taken, if not already taken, within a further period of four weeks, by a speaking order. This appeal stands disposed of accordingly. JUDGE CHIEF JUSTICE Comparing Assistant