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2025 DAILYLAW 14026 (GAU)

AMENDRA MOSHAHARY AND 2 ORS. v. THE STATE OF ASSAM AND 4 ORS

WP(C)/3379/2025 · 2025-06-17

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010125702025 2025:GAU-AS:8104 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3379/2025 AMENDRA MOSHAHARY AND 2 ORS. S/O- SRI SRIMAN MOSHAHARY, R/O- VILL.- RANNAGAR, P.O. JHARBARI, DIST. KOKRAJHAR (BTC), ASSAM, PIN- 783346. 2: TANKA NATH CHETRY S/O- LATE NANDALAL CHETRY R/O- VILL.-SARALPARA P.O. ULTAPANI DIST. KOKRAJHAR (BTC) ASSAM PIN- 783370. 3: MEGNATH SUNAR S/O- LATE MAN BAHADUR SUNAR R/O- VILL.-SARALPARA P.O. ULTAPANI DIST. KOKRAJHAR (BTC) ASSAM PIN- 783370 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, FOOD, PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI, ASSAM-781006. 2:THE DIRECTORATE OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS Page No.# 2/4 BHANGAGHAR GUWAHATI ASSAM-781005. 3:THE BODOLAND TERRITORIAL REGION REPRESENTED BY THE EXECUTIVE MEMBER FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT KOKRAJHAR ASSAM-783370. 4:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT KOKRAJHAR BTC ASSAM-783370. 5:THE JOINT DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT KOKRAJHAR ASSAM-783370 Advocate for the Petitioner : MR G BAISHYA, MR. D RABHA,MS. P DAS,MD. A HASSAN Advocate for the Respondent : GA, ASSAM, SC, BTC BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 18-06-2025 Heard Mr. G Baishya, learned counsel for the petitioners, who submits that the petitioners are Fair Price Shops license holders under the Food, Civil Supplies and Consumer Affairs Department in the Bodoland Territorial Region (BTR), Kokrajhar, Assam since 2015. The licenses of the petitioners Page No.# 3/4 have been extended from time to time and the last extension had been made till 31.03.2025. Though the petitioners have submitted applications dated 25.03.2025 for renewal of their licenses, no decision has been taken by the authorities on the said application of the petitioners. However, the petitioners have been allowed to distribute food grains, even after expiry of their fair price shop licenses. He also submits that the Electronic Point of Sale (EPOS) devices have not been distributed to the petitioners till date. 2. Mr. G Baishya, learned counsel for the petitioners submits that despite the petitioners having also submitted a representation dated 29.04.2025 for renewal of their licenses and for distribution of EPOS devices, the same has not been done by the respondents till today. He thus submits that the writ petition can be disposed of, if the respondents are directed to take a decision on the representation of the petitioners dated 29.04.2025. 3. Ms. U Das, learned counsel for the respondent Nos. 1 & 2 and Ms. RB Bora, learned counsel for the respondent Nos. 3 to 5 submit that they have no objection to the prayer made by the petitioners’ counsel. 4. In view of the consent of the parties, the writ petition is disposed of with a direction to the respondent Nos. 4 & 5, to take a decision on the petitioners’ representation dated 29.04.2025, for renewal of the licenses of the petitioners and distribution of the EPOS devices. The said decision should be taken within a period of 1 (one) month from the date of receipt of a certified copy of this order. 5. Till a decision is taken by the respondents, status quo as on today shall be maintained. Page No.# 4/4 6. The writ petition is disposed of accordingly. JUDGE Comparing Assistant