Page No.# 1/4 GAHC010240392024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/398/2024 DILIP LAL SRIVASTAV S/O- LATE JOY GOBINDA SRIVASTAV, R/O- VILLAGE- LALONGKITTA, LABAKPAR PART II, P.O- PAILAPOOL, P.S- LAKHIPUR, DIST- CACHAR, ASSAM, PIN-788004 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GHY-6. 2:THE DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT GUWAHATI KAMRUP M ASSAM PIN 781005 3:THE DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM PIN 788001 4:THE CO- DISTRICT COMMISSIONER CUM SUB- DIVISIONAL OFFICER (CIVIL) DEPARTMENT OF FOOD AND CIVIL SUPPLIES LAKHIPUR CACHAR ASSAM 5:THE SUPERINTENDENT DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS LAKHIPUR SUB DIVISION Page No.# 2/4 P.O AND P.S- LAKHIPUR CACHAR ASSAM 6:MANIKA PAUL S/O- LATE BINOD BIHARI PAUL R/O- VILLAGE-GANTERGRAM P.O- PAILAPOOL P.S- LAKHIPUR DIST- CACHAR ASSAM PIN-788004 7:BIJON BIHARI PAUL S/O- LATE BINOD BIHARI PAUL R/O- VILLAGE-GANTERGRAM P.O- PAILAPOOL P.S- LAKHIPUR DIST- CACHAR ASSAM PIN-78800 For petitioner/appellant(s) : Mr. T. Sk., Advocate For respondent(s) : Mr. N. Das, GA, Assam – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 10.02.2025 (Vijay Bishnoi, CJ) This intra-court appeal has been preferred by the appellant against the order dated 06.11.2024, passed by the learned Single Judge in WP(C) No. 5685/2024. Page No.# 3/4 The brief facts of the case are that the licences to run Fair Price Shops under Lakhipur GPSS, issued in favour of the respondent Nos. 6 and 7 herein as well in the writ petition, were cancelled by the Superintendent, Food, Civil Supplies & Consumer Affairs, Lakhipur, Cachar, vide order dated 19.04.2022. Against the said order of cancellation, the respondent Nos. 6 and 7 preferred a writ petitions before this Court and also filed a departmental appeals under the provisions of law. Upon cancellation of the licences issued in favour of respondent Nos. 6 and 7, vacancy had arisen and, pursuant to that the appellant filed application for grant of Fair Price Shop licence under Lakhipur GPSS in his favour. However, the appeals preferred by the respondent Nos. 6 and 7 against cancellation of their Fair Price Shop licences were allowed and their licences were restored vide order dated 20.08.2024 and 21.08.2024, respectively. Pursuant to that, the writ petitions filed by the respondent Nos. 6 and 7 were dismissed as infructuous. Being aggrieved with the restoration of licences of the respondent Nos. 6 and 7, the appellant approached the writ court. However, the writ court has refused to interfere while observing that it is not the case of the appellant that the initial grant of the retail licences for operating Fair Price Shops in favour the respondent Nos. 6 and 7 was illegal and the cancellation of those licences and subsequent restoration of the same cannot be said to be violative of any fundamental or legal right of the appellant. We have heard the learned counsel for the appellant and perused the material available on record. True it is that the appellant has not challenged the initial allotment of the Fair Price Shops in favour of the respondent Nos. 6 and 7. Hence, simply Page No.# 4/4 because the licences were cancelled and thereafter restored cannot be said to be violative of any fundamental or legal right of the appellant. Apart from that, the vacancy against which the appellant applied for Fair Price Shop licence, had arisen on account of cancellation of the licences issued in favour of respondent Nos. 6 and 7. However, with the restoration of their licences, the very same vacancy ceased to exist and, in such circumstances, no question arose for consideration of the application filed by the appellant for grant of Fair Price Shop licence. In view of the above discussion, no case for interference is made out. Hence, this appeal is dismissed in limine. JUDGE CHIEF JUSTICE Comparing Assistant