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2025 DAILYLAW 16813 (GAU)

TASIRON KHATUN BEWA v. THE STATE OF ASSAM AND 5 ORS

WP(C)/5666/2022 · 2025-07-29

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010168032022 2025:GAU-AS:9833 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5666/2022 TASIRON KHATUN BEWA W/O- LT. SAMSUL HOQUE SIKDAR, A R/O- BATANG BHITA, P.O. JALESWAR, DIST.- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, FOOD AND CIVIL SUPPLIES DEPTT., DISPUR, GHY-06 2:THE DIRECTOR FOOD AND CIVIL SUPPLIES DEPTT. BHANGAGARH GHY-05 3:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES GOALPARA P.O. GOALPARA PIN- 383121 4:THE DY. COMMISSIONER GOALPARA P.O. GOALPARA PIN- 783121 5:THE SECRETARY JALESHWAR S.S. LTD. P.O. JALESHWAR DIST.- GOALPARA ASSAM PIN- 783132 6:SANOWAR ALI S/O- LT. KHALILUR RAHMAN DEALER/ SHOP KEEPER FAIR PRICE SHOP OF BARTANG BHITA VILLAGE UNDER JALESWAR S.S. LTD. P.O. LAKHIPUR DIST.- GOALPARA ASSAM PIN- 78313 Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S H ZAMAN Advocate for the Respondent : GA, ASSAM, SC, CO OP Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 30.07.2025 Heard Mr. M. A. I. Hussain, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned Government Advocate, Assam, appearing on behalf of respondents No. 1, 2, 3 & 4. However, none has appeared on behalf of respondents No. 5 & 6. The petitioner has instituted the present proceeding, praying for transfer of the Family Identity Card No. 1463741 existing in the name of her husband Samsul Haque Sikdar, pursuant to the passing away of her husband in the year 2013. Mr. Hussain, learned counsel for the petitioner, has submitted that the Family Identity Card in respect of her deceased husband was issued by the respondent authorities after complying with the procedure prescribed in the matter. However, pursuant to the death of her husband, the said Family Identity Card has not been transferred in the name of the petitioner, herein. Accordingly, the petitioner and her family are not in a position to receive the PDS articles from the designated Fair Price Shop. Mr. Hussain, learned counsel, has further submitted that the petitioner had approached the jurisdictional Deputy Commissioner raising a grievance in the matter. However, the representation so filed by her in the matter was not disposed of. Page No.# 3/4 Mr. Chetia, learned Government Advocate, Assam, has submitted that the petitioner may be directed to approach the Deputy Commissioner, Goalpara, by way of filing a representation for redressal of her grievances in the matter. In view of the above position, this Court directs the petitioner, herein, to file a fresh representation along with a certified copy of this order within a period of 15 days from today. The Deputy Commissioner, Goalpara, on receipt of such representation from the petitioner, herein, along with a certified copy of this order, shall consider the same in accordance with law. On a consideration being so made; the Deputy Commissioner, Goalpara, shall arrive at a decision as to whether the petitioner is entitled to have the Family Identity Card which was issued in the name of her deceased husband Samsul Haque Sikdar, transferred in her name. In the event, the petitioner, herein, is found to be eligible; the Deputy Commissioner, Goalpara, shall take requisite steps and/or direct such concerned authorities who are empowered to issue such Family Identity Card to take the decision arrived at in favour of the petitioner to its logical conclusion. In the event, the petitioner, herein, is found to be not entitled to the prayer made by her for transfer of the Family Identity Card in her name; the Deputy Commissioner, Goalpara, shall pass a speaking order and therein, incorporate the reasons basing on which the claim of the petitioner, was rejected. Page No.# 4/4 The exercise as now required to be carried-out in terms of the directions passed by this Court, hereinabove, shall be so initiated and concluded by the respondents, herein, within a period of 2(two) months from the date of receipt of a representation now required to be submitted by the petitioner, herein, along with a certified copy of this order. with the above directions and observations, this writ petition accordingly stands disposed of. JUDGE Comparing Assistant