Page No.# 1/5 GAHC010232912024 2025:GAU-AS:10460 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5772/2024 M/S DAKSIN TITAPANI SAMABAI SAMITI LTD AND 2 ORS REPRESENTED BY ITS CHAIRMAN NAMELY, ARIFUL ISLAM SIKDER, AGE 24 YEARS, S/O LATE AMIR HUSSAIN SIKDER, VILL- BARBHITA, P.O.- CHANDAMAMA, DIST- BARPETA, ASSAM, PIN-781321 2: ARIFUL ISLAM SIKDER S/O LATE AMIR HUSSAIN SIKDER VILL- BARBHITA P.O.-CHANDAMAMA DIST- BARPETA ASSAM PIN-781321 3: ABDUS SOBUR AHMED S/O BISHA SHEIKH SECRETARY OF M/S DAKSIN TITAPANI SAMABAI SAMITI LTD R/O VILL- BARBHITA P.O.-CHANDAMAMA DIST- BARPETA ASSAM PIN-78132 VERSUS THE STATE OF ASSAM AND 7 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI-5 Page No.# 2/5 3:THE DISTRICT COMMISSIONER BARPETA DIST-BARPETA (ASSAM) PIN-781301 4:THE ADDL. DISTRICT COMMISSIONER BARPETA DIST- BARPETA (ASSAM) PIN-781301 5:THE REGSITRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-781022 6:THE DEPUTY REGISTRAR COOPERATIVE SOCIETIES BARPETA DIST- BARPETA (ASSAM) PIN-781301 7:THE ASSISTANT REGISTRAR COOPERATIVE SOCIETIES BARPETA DIST-BARPETA (ASSAM) PIN-781301 8:THE AREA OFFICER-CUM-SUB-INSPECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS BARPETA DIST- BARPETA (ASSAM) PIN-78130 Advocate for the petitioner(s): Mr. KN Choudhury, Senior Advocate Mr. AK Azad Advocate for the respondent(s): Mr. K Gogoi, For respondent Nos.1, 2, 4 and 8 Mr. V Rajkhowa Page No.# 3/5 For respondent Nos.5 to 7 Mr. M Chetia, Govt. Advocate B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 07.08.2025 Heard Mr. KN Choudhury, the learned Senior Counsel assisted by Mr. AK Azad, the learned counsel appearing on behalf of the petitioners. Mr. K Gogoi, the learned counsel appears on behalf of the respondent Nos.1, 2, 4 and 8, Mr. V Rajkhowa the learned counsel, who appears on behalf of the respondent Nos.5 to 7 and Mr. M Chetia, the learned Govt. Advocate, who appears on behalf of the respondent No.3. 2. The petitioners in the instant writ petition had challenged the continuation of the Suspension Order dated 10.07.2023 beyond the period of 90(ninety) days, which as per the petitioners is not permissible in view of Clause 15(2) of the Assam Public Administration of Article Order, 1982 read with the Control Order of 2015. 3. It is further seen that in the meantime, the petitioners were issued the Show Cause notice which the petitioners claim that it was received by the petitioner only on 27.11.2024 and thereupon the Page No.# 4/5 petitioners had submitted a reply thereto. 4. In pursuance to the order dated 04.08.2025, Mr. K Gogoi, the learned counsel appearing on behalf of the respondent Nos.1, 2, 4 and 8 submits that in the meantime, on 02.08.2025, the petitioners’ license had been cancelled by the order passed by the District Magistrate, Barpeta. A copy of the said order has been furnished to Mr. AK Azad, the learned counsel assisting Mr. KN Choudhury, the learned Senior Counsel. 5. Taking into account the above, Mr. KN Choudhury, the learned Senior Counsel appearing on behalf of the petitioners submits that he would not like to press the instant writ petition in view of the above development and would like to file a fresh writ petition challenging the order dated 02.08.2025 and further keeping all the contentions raised in the instant writ petition open. 6. The records which have been placed before this Court during the course of the hearing is collectively kept on record and marked with the letter ‘X’. 7. The learned counsel for the respondents had also furnished copies of the records which have been produced before this Court and collectively kept on record and marked with the letter ‘X’ to the learned counsel for the petitioners. 8. In the above view of the matter, the instant writ petition, Page No.# 5/5 therefore, stands closed on withdrawal. 9. Liberty is granted to the petitioner to assail the order dated 02.08.2025, if so advised. 10. This Court further observes that the issues which have been raised in the instant writ petition are kept open. 11. Interim order passed, if any, stands vacated. JUDGE Comparing Assistant