Page No.# 1/4 GAHC010125872021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4072/2021 SANDHYA RANI PAUL W/O LATE SANTOSH KUMAR PAUL, VILLAGE RANGPUR PART 1, PO RANGPUR, PS UDHARBAND, DIST CACHAR, ASSAM, 780030 VERSUS THE STATE OF ASSAM AND 7 ORS. THROUGH THE COMMISSIONER AND SECRETARY TOT THE GOVT. OF ASSAM. FOOD AND CIVIL SUPPLIES DEPARTMENT, DISPUR, GUWAHATI 06 2:THE DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS BHANGAGARH GUWAHATI 05 3:THE DEPUTY COMMISSIONER CACHAR SILCHAR ASSAM 4:THE ADDITIONAL DEPUTY COMMISSIONER IN CHARGE OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS CACHAR AT SILCHAR ASSAM 5:THE SUPERINTENDENT FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS CACHAR AT SILCHAR Page No.# 2/4 ASSAM 6:SRI MIHIR KANTI SHOME MLA UDHARBAND LAC PO UDHARBAND CACHAR ASSAM 780030 7:SRI SAJUL ISLAM BARBHUYAN EX. CHAIRMAN RANGPUR CO OPERATIVE SOCIETY LTD . PO RANGPUR PS UDHARBAND DIST CACHAR ASSAM 780030 8:SRI BABLU KAHAR S/O SEW NARAYAN KAHAR VILLAGE AND PO ARKATIPUR PS UDHARBAND DIST CACHAR ASSAM 78800 Advocate for the Petitioner : MR. M U MAHMUD, MS. A ROY,MS. P DEVI,MS. M BEGUM,MR S H MAHMUD Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 29-01-2025 Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned State counsel for the respondent. 2. Being aggrieved with the order dated 24.02.2021 and 25.06.2021 passed by the Superintendent, Food, Civil Supplies and Consumer Affairs, Cachar, Silchar, by which, the APDA licence of the petitioner has been cancelled and the same is sought to be given to the respondent No.8, this writ Page No.# 3/4 petition has been instituted. 3. The petitioner claims to be the licence holder of fair price shop of Arkatipur, under Rongpur Cooperative Society Limited. It is the contention of the petitioner that the cancellation of the said licence of the petitioner has been done at the behest of the local MLA of the area without due process of law and as the petitioner all along been supported by the consumers in the area. The cancellation is only to provide licence to the son of the said MLA. Therefore, it is submitted that the impugned orders may be set aside and the Additional Deputy Commissioner may be directed to consider the case of the petitioner and restore the fair price shop licence to the petitioner under Rongpur Cooperative Society Limited, of Arkatipur. 4. Mr. N. Goswami, learned counsel for the respondent submits that the licence of the petitioner has been cancelled after proper verification as there is a serious allegation of misappropriation of NFSA Rice and other commodities lifted from the GPSS. It has been found that the petitioner misappropriated the highly subsidized rice and other commodities and the petitioner is completely unable to handle the supply chain management due to her negligence, for which, she was provided an opportunity. However, she failed to produce any relevant records. Accordingly, the licence has to be cancelled for the interest of the consumers and the same is being issued to Bablu Kahar by appointing him as the temporary dealer on account of cancellation of the fair price shop licence of the petitioner. 5. I have considered the submissions made by the learned counsel for the parries. 6. On perusal of the impugned order dated 24.02.2021, it goes to show that the petitioner has been alleged of misappropriation of highly subsidized rice and other commodities. 7. An enquiry appears to have been caused and having found that the petitioner has committed irregularities and also having been in violation of the provision of the terms and conditions of licence under APDA 1982 and EC Act, 1955, the APDA licence of the petitioner has been cancelled. 8. It is noticed that an allegation has been made that the FPS licence has been cancelled at the behest of MLA to accommodate the son of the MLA, however, there is nothing on record to substantiate such allegation. 9. Be that as it may, Since Mr. M.U. Mahmud, learned counsel for the petitioner has submitted that he has filed an appeal against the impugned order dated 24.02.2021 before the Additional Deputy Commissioner, the same may be directed to be considered and disposed of by reinstating the petitioner as fair price shop dealer under the Rongpur Cooperative Soceity by restoring the licence of the Page No.# 4/4 petitioner, although, this Court finds that the grounds put forth by the petitioner challenging the impugned orders dated 24.02.2021 and 25.06.2021, does not entail any interference being lack of materials and the petitioner has already filed an appeal against the impugned order passed by the Superintendent, Food, Civil Supplies and Consumer Affairs, Cachar, Silchar, it would be appropriate to dispose of the writ petition by directing the Additional Deputy Commissioner, Food, Civil Supplies and Consumer Affairs, Siilchar to take on board the said application dated 15.03.2021. 10. Accordingly, the writ petition stands disposed of with a direction to the Additional Deputy Commissioner, Food, Civil Supplies and Consumer Affairs, Silchar to consider and dispose of the application filed by the petitioner against the impugned orders dated 24.02.2021 within a period of 2 (two) months from today. It is needless to observed that the Additional Deputy Commissioner shall hear the stakeholders including the petitioner. 11. Writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant