Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 27871 (GAU)

SAFAR UDDIN v. THE STATE OF ASSAM AND 3 ORS

WP(C)/939/2024 · 2025-10-23

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010032312024 2025:GAU-AS:14199 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/939/2024 SAFAR UDDIN S/O- LATE ABDUR RAHIM, R/O- VILLAGE - DURABANDHI GAON, P.O- LUCHANABORI , DIST- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI- 781006, ASSAM. 2:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI- 781005 KAMRUP(M) ASSAM. 3:THE DISTRICT COMMISSIONER MORIGAON ASSAM 4:THE ASSISTANT DIRECTOR FOOD AND PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DIST- MORIGAON ASSA For the petitioner (s) : Mr. J. M. A. Choudhury, Advocate Page No.# 2/3 For the respondent (s) : Mr. K. Gogoi, CGC BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 24.10.2025 Heard Mr. J. M. A. Choudhury, the learned counsel appearing on behalf of the petitioner. Mr. K. Gogoi, the learned counsel appears on behalf of the respondent Nos.1 to 4. 2. Though a final opportunity was granted to the respondents to bring on record their stand by filing the affidavit, but it has been brought to the attention of this Court that against the cancellation of the fair price shop license of the petitioner, an Appeal was filed in terms with Clause 29 of the Assam Public Distribution of Articles Order, 1982 which has been pending before the Appellate Authority. 3. Mr. J. M. A. Chaudhury, the learned counsel appearing on behalf of the petitioner submitted that there was delay in disposal of the said Appeal which necessitated the petitioner to approach this Court. 4. This Court enquired with Mr. K. Gogoi, the learned counsel appearing on behalf of the respondents as to within what time Page No.# 3/3 the said Appeal can be disposed of. The learned counsel for the respondents submitted that as the writ petition is also pending, the Appellate Authority has not disposed of the said Appeal. He, therefore, submitted that the Appeal can be disposed expeditiously. 5. Considering the above, this Court directs the Appellate Authority, i.e. the Commissioner & Secretary to the Government of Assam, Food and Civil Supplies and Consumer Affairs Department to dispose of the Appeal filed by the petitioner against the cancellation order dated 22.01.2025 within a period of 45 days from the date a certified copy is served upon the Commissioner & Secretary to the Government of Assam, Food and Civil Supplies and Consumer Affairs Department. 6. It is observed that in the circumstance the petitioner is aggrieved by the result of the said Appeal, it shall not be a bar on the part of the petitioner to approach this Court. JUDGE Comparing Assistant