Page No.# 1/3 GAHC010278442024 2025:GAU-AS:469 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/192/2025 SIRAJUL ISLAM S/O LATE AYUB ALI, R/O PUB SINGIMARI, P.O.-SINGIMARI, P.S.- RUPAHIHAT, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS, DISPUR, GUWAHATI-781006 2:THE DISTRICT COMMISSIONER NAGAON ASSAM 3:THE ADDITIONAL DISTRICT COMMISSIONER (FPD AND CA) NAGAON ASSAM 4:THE CO-DISTRICT COMMISSIONER KALIABOR NAGAON ASSAM 5:THE DEPUTY INSPECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS KALIABOR NAGAON ASSAM 6:THE AREA OFFICER Page No.# 2/3 (FPD AND CA) KALIABOR NAGAON Advocate for the Petitioner : MR H GUPTA, MR. KHAIRUL ISLAM,MR. N HOQUE Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 20.01.2025 Heard Mr. H. Gupta, learned counsel for the petitioner, as well as Mr. K. Gogoi, learned Additional Senior Government Advocate appearing on behalf of all the respondents. 2. The petitioner being aggrieved with the Order dated 19.11.2024 by which the Fair Price Shop license of the petitioner was placed under suspension pending drawal of disciplinary proceedings against the petitioner on the ground that the petitioner was in Judicial Custody and the Fair Price Shop of the petitioner has remained closed since his arrest and further the petitioner had violated Clause 21 of the Assam Public Distribution of Articles Order, 1982 (APDAO, 1982 in short). 3. Mr. H. Gupta, learned counsel for the petitioner submits that the Order dated 19.11.2024 has been passed without jurisdiction and the petitioner has been submitting his monthly return up to the month of October, 2024. It is also submitted that after issuance of the Order dated 19.11.2024 no Show-cause notice has been issued to the petitioner till date. 4. Mr. K. Gogoi, learned Additional Senior Government Advocate submits that Page No.# 3/3 if the petitioner is aggrieved by the Order dated 19.11.2024, the petitioner should file an appeal under Clause 29 of the APDAO, 1982. However, without availing the statutory appeal the petitioner has filed the present writ petition. 5. This Court on consideration of Clause 29 of the APDAO, 1982 is also of the considered opinion that there is an appeal provision under the said APDAO, 1982. In the present case in hand, the Order dated 19.11.2024 was passed by the Co-District Commissioner, Kaliabor Co-district, and accordingly, the petitioner should have filed an appeal under Clause- 29 (1)(b). 6. On perusal of the records and on consideration of APDAO, 1982, this writ petition is disposed of directing the petitioner to file an appeal before the Competent Appellate Authority under Clause 29 of the APDAO, 1982 within a period of 1 (one) week from today. Thereafter, the Competent Appellate Authority shall give the petitioner an opportunity of hearing and dispose of the appeal filed by the petitioner by a speaking order and in accordance with law within a period of 2 (two) weeks from the date of receipt of the appeal. 7. With the aforesaid observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant