Page No.# 1/4 GAHC010250902025 2025:GAU-AS:15728 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6531/2025 AHSANUL HOQUE BARBHUIYA S/O. LATE ABDUL MANNAN BARBHUIYA, VILL. DURGAPUR, P.O. BARJATRAPUR, P.S. BARKHALA, DIST. CACHAR, ASSAM, PIN-788110. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT ASSAM RAM KRISHNA MISSION ROAD ULUBARI GUWAHATI-07. 3:THE DISTRICT COMMISSIONER CACHAR SILCHAR P.O. SILCHAR SADAR DIST. CACHAR ASSAM PIN- 788710. 4:THE SUPERINTENDENT FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS SILCHAR P.O. SILCHAR SADAR DIST. CACHAR ASSAM Page No.# 2/4 PIN- 788710. 5:THE INSPECTOR (FCS AND CA) AREA OFFICER CUM INQUIRY OFFICER P.O. AND P.S. SILCHAR SADAR DIST. CACHAR PIN- 788710 Advocate for the Petitioner : MR. S B LASKAR, MR. H A LASKAR Advocate for the Respondent : GA, ASSAM, BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 19.11.2025 Heard Mr S B Laskar, the learned counsel appearing on behalf of the petitioner. Mr K Gogoi, learned Additional Senior Government Advocate, Assam, appears and accepts notice on behalf of all the respondents. 2. Taking into account the issue involved herein, this Court issues Rule returnable forthwith. 3. The case of the petitioner, herein, is that the petitioner was issued a Fair Price Shop Licence bearing No. 3089. On certain allegations, vide an order dated 08.08.2023, the petitioner’s retail license was suspended in purported exercise of the powers under Clause-15(1) of the Assam Public Distribution of Articles Order, 1982 (for short, the order of 1982). Pursuant thereto, after initiating the show cause proceeding, the petitioner’s license was cancelled vide an order dated 03.11.2023. Thereupon the petitioner submitted a representation on 08.12.2024 to the District Commissioner, Page No.# 3/4 Cachar. However, as the representation was not taken into consideration, the petitioner approached this Court by filing an writ petition being WP(C) No. 1930 of 2024. During the pendency of the said writ petition, being WP(C) No. 1930/2024, it was brought to the notice of this Court that the appeal so filed before the District Commissioner, Cachar, was disposed of vide an order dated 15.05.2024. Under such circumstances, the said writ petition was closed vide an order dated 25.11.2024, giving liberty to the petitioner to challenge the order dated 15.05.2024. The petitioner, thereupon preferred an appeal before the appellate authority against the order dated 15.05.2024, passed by the District Commissioner, Cachar. The said appeal was filed on 12.12.2024. It is the grievance of the petitioner that though such an appeal was filed on 12.12.2024, the said appeal has not yet been disposed of, and as such, the present writ petition. 4. I have heard the learned counsel appearing on behalf of the petitioner. 5. Mr K Gogoi, learned Additional Senior Government Advocate submits that though the petitioner has enclosed Annexure-9, as the appeal filed before the Commissioner, Food, Public Distributing and Consumer Affairs, and had stated that the same was filed on 12.12.2024, but there is no endorsement or acknowledgement that such appeal was received and under such circumstances, the directions, which have been sought for by the petitioner, ought not to be granted. 6. This Court, upon hearing the parties and taking into account that Clause-29 of the Order of 1982, provides an appellate remedy against an order of cancellation of license and this Court having granted the liberty to the petitioner to file such appeal, is of the Page No.# 4/4 opinion that if the appeal had been filed on 12.12.2024, the appellate authority is required to dispose of the said appeal, at the earliest, taking into account that the Fair Price Shop (FPS) License issued to the petitioner, is the sole source of livelihood. Accordingly, the instant writ petition stands disposed of with the following observations and directions:- (i) the Respondent No. 2, who is the appellate authority, is directed to dispose of the appeal so filed by the petitioner, within a period of 2 (two) months from the date, a certified copy of this order, along with a fresh copy of the appeal memo is served upon the respondent No. 2. (ii) This Court has not decided on the merits of the decision of the District Commissioner, Cachar, dated 15.05.2024. It shall be absolutely within the domain of the appellate authority, i.e., the respondent No. 2, to decide the appeal, in accordance with law. JUDGE Comparing Assistant