Page No.# 1/4 GAHC010266562024 2025:GAU-AS:13 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7022/2024 MD. ADUD AHMED S/O ATUR RAHMAN, R/O JALALPUR PT II, P.S.-KATIGORA, SILCHAR- 788816, DIST- CACHAR, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-6 2:THE COMMISSIONER FOOD PUBLIC DISTRIBUTION CONSUMER AFFAIRS AND LEGAL METROLOGY ASSAM RUPNAGAR GUWAHATI-7 3:THE DEPUTY DIRECTOR FPD AND CA SILCHAR ASSAM 4:THE DEPUTY COMMISSIONER CACHAR DIST- CACHAR ASSA For the Petitioner(s) : Ms. M. Das, Advocate For the Respondent(s) : Mr. G. Bokolial, Government Advocate Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 03.01.2025 Heard Ms. M. Das, the learned counsel appearing on behalf of the Petitioner and Mr. G. Bokolial, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 2, 3 and 4. 2. The Petitioner herein has assailed the order dated 21.10.2024 whereby the Commissioner, Food, Public Distribution, Consumer Affairs & Legal Metrology, Assam who is the Respondent No.2 had passed an order thereby holding that the Petitioner's fair price shop was tagged with 50 Ration Card holders at the relevant point of time i.e. in the month of June, 2021 and as such, the fair price shop of the Petitioner should be tagged with the nearest fair price shop having more than 50 Ration Cards. 3. This Court has duly taken note of the Cabinet decision which was taken on 26.06.2021 whereby a decision was taken to the effect that the fair price shops having less than 100 cards/50 cards/25 cards shall be closed having less than the specified number of cards. This Court has duly taken note of that in the said Cabinet decision, there is no specific date mentioned as to when such decision will come into effect. Be that as it may, the communication issued on 07.08.2021 by the Director, Food, Civil Supplies & Consumer Affairs, Assam shows that in pursuance to the Cabinet decision, a direction was issued to all the concerned including the Page No.# 3/4 Deputy Commissioner for tagging the Ration Cards of those fair price shops having 50 or less than 50 Ration Cards with the nearest fair price shops having more than 50 Ration Cards within 12.08.2021 positively. 4. The case of the Petitioner herein is that though the Petitioner’s fair price shop was tagged only with 50 Ration Card holders in the month of May and June, 2021, however in the month of August 2021, the number of Ration Cards tagged to the fair price shop of the Petitioner was 53. 5. This Court had duly taken note of the impugned order dated 21.10.2024 wherein the Respondent No.2 had passed the order on the basis that the Petitioner’s fair price shop had been tagged with 50 Ration Cards in the month of June, 2021. However, as on that date, the Cabinet decision which was taken on 26.06.2021 had not become operational. The findings so arrived at in the impugned order dated 21.10.2024 are also bereft of any materials to show as to whether the Petitioner had 53 Ration Cards tagged to his fair price shop prior to 12.08.2021. This aspect of the matter ought to have been therefore taken into consideration by the Respondent No.2 while passing the impugned order dated 21.10.2024. Having not taken into account the said aspect, it is the opinion of this Court that the impugned order suffers from malice in law and accordingly the impugned order is liable to be set aside and quashed. 6. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The impugned order dated 21.10.2024 is set aside and quashed. (ii) The Respondent No.2 is directed to verify as to whether the Page No.# 4/4 Petitioner’s fair price shop was tagged with 53 Ration Cards prior to 12.08.2021. In the circumstance, the Petitioner's fair price shop was tagged with more than 50 Ration Cards as on 12.08.2021, the Respondent No.2 shall pass appropriate order for continuation of the fair price shop. However, if it is found that the Petitioner's fair price shop was tagged with 50 or less than 50 Ration Cards prior to the 12.08.2021, the Respondent No.2 shall pass appropriate orders in that regard. (iii) The said exercise be completed within 3 (three) months from the date a certified copy of the instant order is served upon the Respondent No.2. JUDGE Comparing Assistant