Page No.# 1/4 GAHC010232932025 2025:GAU-AS:14195 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6006/2025 MD RAFIQUL ISLAM ALIAS RAFIKUL ISLAM S/O - KACHIM UDDIN R/O - CHETUAKHAITI, OOTOLABARI, LAHORIGHAT, DIST - MORIGAON, ASSAM, PIN - 782127. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, DISPUR,GUWAHATI, 781006. 2:THE DISTRICT COMMISSIONER MORIGAON DIST - MORIGAON ASSAM PIN - 782105 3:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI - 781005. 4:THE CO DISTRICT COMMISSIONER LAHARIGHAT P.O. AND P.S. LAHARIGHAT DISTRICT - MORIGAON ASSAM PIN -782127 5:THE ASSISTANT DIRECTOR OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS MORIGAON ASSAM PIN 78210 Page No.# 2/4 For the Petitioner(s) : Mr. K. Mohammed, Advocate Mr. S.M. Munir, Advocate For the Respondent(s) : Mr. G. Bokolial, Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.10.2025 Heard Mr. K. Mohammed, the learned counsel appearing on behalf of the Petitioner and Mr. G. Bokolial, the learned Government Advocate appearing on behalf of all the Respondents. 2. The Petitioner herein is aggrieved by the initiation of a proceedings against the Petitioner vide a Show Cause Notice dated 16.09.2025 as well as the order dated 20.09.2025 by which the Petitioner’s Fair Price Shop License has been suspended. 3. Mr. K. Mohammed, the learned counsel appearing on behalf of the Petitioner submitted that in terms with the Assam Public Distribution of Articles Order, 1982 (for short ‘the Order of 1982) resort to actions can be taken by the authorities if there is a violation to the terms of the Order of 1982 or the license and the Petitioner has not committed any such violation. Page No.# 3/4 4. Under such circumstances, it is therefore the case of the Petitioner that the very initiation of proceedings vide the Show Cause Notice dated 16.09.2025 as well as the impugned order dated 20.09.2025 require interference. 5. This Court enquired with Mr. K. Mohammed, the learned counsel appearing on behalf of the Petitioner as to whether the Petitioner submitted any reply to the said Show Cause Notice. The learned counsel submitted that the Show Cause Notice was routed through the Gaonburah and it was served upon the Petitioner on 20.09.2025 and in the meantime the impugned order dated 20.09.2025 was also passed. 6. Mr. G. Bokolial, the learned Government Advocate appearing on behalf of the Respondents though submitted that there is a provision of appeal but it is the opinion of this Court that as the Petitioner has not received the notice as stated by the Petitioner and on the basis of which the impugned order dated 20.09.2025 was passed, it would be in the interest of justice for this Court to exercise powers under Article 226 of the Constitution. It is the further opinion of this Court that the Petitioner should be given an opportunity to reply. 7. Considering the above, this Court grants 7 (seven) days time to the Petitioner from today for submitting a reply to the Show Page No.# 4/4 Cause Notice dated 16.09.2025 along with a certified copy of this order and thereupon the Respondent Authorities shall take such decision, if so necessary as per the ambit of the Order of 1982 as well as the license issued to the Petitioner. 8. This Court further directs the concerned Respondent Authorities to take a decision as regards the Show Cause proceedings upon submission of the reply by the Petitioner expeditiously and not later than 30 days from the date of the reply submitted taking into account that the license of the Fair Price Shop has been suspended which eventually affects the public. 9. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant