Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010218862025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5990/2025 MOHAMMAD ALI AND 4 ORS. S/O- LATE TAFIRUDDIN, R/O - VILL.- LOCHANABORI UNDER P/O- LOCHANABARI, P/S- MOIRABARI, DIST- MORIGAON, ASSAM, PIN- 782126. 2: MD. HAJART ALI S/O- AHED ALI R/O - VILL.- BELOBORI UNDER P/O- LUCHANABORI P/S- MOIRABARI DIST- MORIGAON ASSAM PIN- 782126. 3: MOJIBUR RAHMAN S/O- ABDUL MANNAN R/O- VILLAGE-SAHARIAGAON UNDER P/O- SAHARIAGAON P/S- MOIRABARI IN THE DISTRICT OF MORIGAON PIN-782127 ASSAM 4: JAMIRUDDIN S/O- LATE ABBAS ALI R/O- VILLAGE LOCHANABORI P/O- LUCHANABORI P/S- MOIRABARI IN THE DISTRICT OF MORIGAON PIN-782127 ASSAM 5: ABDUL JABBER S/O- LATE IDRISH ALI R/O- VILLAGE-SAHARIAGAON UNDER P/O- SAHARIAGAON P/S-MOIRABARI IN THE DISTRICT OF MORIGAON PIN-782126 ASSA
Page No.# 2/4 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOOD, PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-6. 2:ASSISTANT DIRECTOR OF FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS MORIGAON PIN-782105 ASSAM 3:THE SUPERINTENDANT OF FOOD AND CIVIL SUPPLIES MORIGAON PIN-782105 ASSAM 4:THE DISTRICT COMMISSIONER MORIGAON (FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS BRANCH) MORIGAON PIN- 782105 ASSAM 5:THE INSPECTOR FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS MORIGAON DISTRICT PIN-782105 ASSA For the Petitioner(s) : Mr. A. Deka, Advocate
For the Respondent(s) : Mr. M. Chetia, Government Advocate
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.10.2025
Issue notice making it returnable on 01.12.2025. Page No.# 3/4
2. Mr. M. Chetia, the learned Government Advocate appears on behalf of all the Respondents and accepts notice. 3. As the Respondents are duly represented, extra copies of the writ petition be served upon him by 27.10.2025. 4. At the outset, Mr. A. Deka, the learned counsel appearing on behalf of the Petitioners submitted that taking into account that all the Petitioners have separate causes of action, the instant writ petition be confined only to the grievance of the Petitioner No. 1. As regards the other Petitioners, i.e., Petitioner Nos. 2, 3, 4 and 5, liberty may be granted to them to file separate writ petitions, if so advised. 5. Taking into account the above, the names of the Petitioner Nos. 2, 3, 4 and 5 are struck off. 6. Liberty is granted to the Petitioner Nos. 2, 3, 4 and 5 to file separate writ petitions, if so advised. 7.
The learned counsel appearing on behalf of the Petitioner is directed to file a fresh memo of parties before the Registry of this Court by 27.10.2025 in consonance with the order passed herein and the Registry shall on the basis of the fresh memo of parties as well as the order passed herein make necessary corrections in the Cause Title as well as update the same in the CIS. 8. The Petitioner herein is aggrieved by the cancellation of his license for his Fair Price Shop as well as the Appellate Order dated 01.07.2025 whereby the cancellation of the license was upheld. 9. The learned counsel appearing on behalf of the Petitioner submitted that the cancellation of the license as well as the upholding of the order
Page No.# 4/4 of cancellation are based on grounds which are non-existent and as such requires interference by this Court under Article 226 of the Constitution of India. 10. The Respondents herein are directed to bring on record their stand by filing the affidavit on or before 24.11.2025 and shall also ensure that the records are made available on the next date so fixed i.e. 01.12.2025. 11. List accordingly. JUDGE Comparing Assistant