Page No.# 1/3 GAHC030004962024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/81/2024 Indus Viva Health Sciences Pvt. Ltd. R/b its Authorised Signatory Mr. Nishad Madampoil Having its Office at Viva Tower No. 36, Nandi Durga Road, Jayamahal Extension, Bangalore, Karnataka, India - 560046 VERSUS The State of Mizoram r/b the Chief Secretary to the Govt. of Mizoram and 3 Ors. Aizawl, Mizoram Advocate for the Petitioner : Mr. C Tlanthianghlima Advocate for the Respondent : Addl. AG/GA, Mizoram for R1 - 3 B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 26.06.2025 Heard Mr. C. Tlanthianghlima, learned counsel for the petitioner and also heard Ms. Lalnunhlui, learned Govt. Advocate for the State respondents. The instant writ petition filed under Article 226 of the Constitution of India is for issuance of the appropriate writ or direction to the respondents for setting up a mechanism to monitor and supervise the activities of Direct Selling Entity Page No.# 2/3 as per Rule-11 of the Consumer Protection (Direct Selling) Rules, 2021. It is the case of the petitioner that they are involved in the business of direct selling of herbal products by fulfilling all the required criteria for carrying out the said business. The petitioner is however, aggrieved by the inaction on the part of the respondent authorities to respond to the representation dated 03.03.2023 submitted by the petitioner, seeking for the concern respondent authority to set up a mechanism to monitor the activities of Direct Selling Entity in terms of Rule-11 of the Consumer Protection (Direct Selling) Rules, 2021. The learned counsel for the petitioner submitted that due to the inaction of the respondent authority in framing guidelines/notification/circular for monitoring of Direct Selling Entity, the respondents authority failed to registered the petitioner’s company as a Direct Selling Entity in terms of the Rules of 2021 by failing to adopt a mechanism for monitoring of Direct Selling Entity, which is illegal, arbitrary, bad in law and therefore violation of Article 19 (1) (g) and 301 of the Constitution of India. He submitted that the failure to register the petitioner’s company as Direct Selling Entity due to no mechanism for monitoring of Direct Selling Entity as per the Consumer Protection (Direct Selling) Rules/2021 has caused undue hardship to the petitioner and its staffs, distributors, agents etc. in carrying out their lawful business of Direct Selling/Multilevel Marketing. Ms. Lalnunhlui, learned Govt. Advocate on the other hand, has submitted that the State respondents vide a recent notification, dated 28.04.2025, in exercise of the power conferred under Rule 11 of the Consumer Protection (Direct Selling) Rules, 2021 has notified the Mizoram Consumer Protection (Direct Selling Monitoring Authority) Guidelines, 2025 to monitor and supervise Page No.# 3/3 the activities of the direct sellers and Direct Selling Entity in the State. She also submits that the State respondents vide notification dated 30.05.2025 in accordance with para 3 (3) of the Mizoram Consumer Protection (Direct Selling Monitoring Authority) Guidelines, 2025 has also constituted the Mizoram State Direct Selling Monitoring Authority vide notification dated 30.05.2025 and submits that the prayer of the writ petitioner and the grievances of the writ petitioner has accordingly been addressed to by the State respondents. Having considered the submission made by the learned counsel for both the parties, this court finds that on the issuance of the Mizoram Consumer Protection (Direct Selling Monitoring Authority) Guidelines, 2025 vide notification dated 28.04.2025 and on the constitution of the Mizoram State Direct Selling Monitoring Authority vide notification dated 30.05.2025, the State respondents has taken the necessary steps and have duly addressed the grievances of the instant writ petitioner. Accordingly, this court find it fit to closed the instant writ petition in view of the steps taken by the State respondents as noted above. WP(C) No. 81 of 2024 thus stands allowed and disposed of. JUDGE Comparing Assistant