Page No.# 1/6 GAHC010037182024 2025:GAU-AS:2151 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/967/2024 MD. JAHANUDDIN AND ORS S/O MD. FAIZUR RAHMAN RESIDENT OF VILLAGE BORTHAL KACHARI GAON, PO DOLOIGAON, PS MOIRABARI, DIST MORIGAON, ASSAM 782126 2: ABDUL BARIQUE S/O LATE ABDUL HAI RESIDENT OF VILLAGE BORTHAL KACHARI GAON PO DOLOIGAON PS MOIRABARI DIST MORIGAON ASSAM 782126 3: INAMUL HOQUE S/O LATE ROFIQUL ISLAM RESIDENT OF VILLAGE ULUBARI PO DOLOIGAON PS BHELOWGURI DIST MORIGAON ASSAM 782126 4: AMDADUL ISLAM S/O LATE ABDUR RAHMAN KHAN RESIDENT OF VILLAGE BORTHAL KACHARI GAON PO DOLOIGAON PS MOIRABARI DIST MORIGAON ASSAM 782126 5: MOZIBUR RAHMAN Page No.# 2/6 S/O LATE KARAM ALI RESIDENT OF VILLAGE ULUBARI PO DOLOIGAON PS BHELOWGURI 782126 DIST MORIGAON ASSAM 6: MD. FAKHRUL ISLAM S/O LATE FARASAT HUSSAIN RESIDENT OF VILLAGE ULUBARI PO DOLOIGAON PS BHELOWGURI DIST MORIGAON ASSAM 782126 7: OWAZUDDIN S/O JAHARUDDIN RESIDENT OF VILLAGE BORTHAL KACHARI GAON PO DOLOIGAON PS MOIRABARI DIST MORIGAON ASSAM 782126 8: RASHIDA KHATUN D/O OWAZUDDIN RESIDENT OF VILLAGE BORTHAL KACHARI GAON PO DOLOIGAON PS MOIRABARI DIST MORIGAON ASSAM 782126 9: SIRAJ ALI S/O LATE RAHAM ALI RESIDENT OF VILLAGE BORTHAL KACHARI GAON PO DOLOIGAON PS MOIRABARI DIST MORIGAON ASSAM 78212 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, FOOD, PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT, DISPUR GUWAHATI 781006 Page No.# 3/6 2:THE COMMISSIONER TO THE GOVT. OF ASSAM FOOD PUBLIC DISTRIBUTION CONSUMER AFFAIRS AND LEGAL METROLOGY ULUBARI GUWAHATI 07 3:THE DISTRICT COMMISSIONER FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIR BRANCH MORIGAON ASSAM 782105 4:THE MS DOLOIGAON GPSS LIMITED REPRESENTED BY ITS IN CHARGE SECRETARY RESIDENT OF VILLAGE BORTHAL KACHARI GAON PO DOLOIGAON PS MOIRABARI DIST MORIGAON ASSAM 782126 5:THE PRESIDENT DOLOIGAON GPSS LIMITED VILLAGE BORTHAL KACHARI GAON PO DOLOIGAON PS MOIRABARI DIST MORIGAON ASSAM 782126 6:ATIQUR RAHMAN S/O MOZIBOR RAHMAN RESIDENT OF VILLAGE BORTHAL KACHARI GAON PO DOLOIGAON PS MOIRABARI DIST MORIGAON ASSAM 782126 7:ABDUL MALEQUE S/O LATE SIRAJUDDIN RESIDENT OF VILLAGE MOIRABARI PO MOIRABARI PS MOIRABARI DIST MORIGAON ASSAM 78212 Advocate for the Petitioner : MR M H AHMED, M R CHOUDHURY,I AMIN Page No.# 4/6 Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,MR. M KHAN BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 03.03.2025 1. Heard Mr. M. H. Ahmed, leanred counsel for the petitioners. Also heard Mr. B. J. Talukdar, learned Senior Counsel assisted by Ms. D. Deori, learned counsel for the State respondents. Though Mr. M. Khan, learned counsel for the private respondent No. 6 appeared before this Court on 23.02.2024 on caveat, none appears for the said respondent today when the matter is called. 2. The petitioners claim to be the share holders and Members of Board of Directors of Doloigaon GPSS Limited are aggrieved by an order dated 20.01.2024 passed by the District Commissioner, Morigaon, whereby the PDS sub-wholesale license issued in favour of M/s Doloigaon GPSS was suspended with immediate effect. 3. It was alleged that the entire exercise has been carried out by the District Commissioner at the behest of the respondent No. 6 i.e. the son of the Ex- President of the Society. It is further alleged that Ex-President was involved in malpractices in running the society and therefore, even after suspension of the license, the business of the society is allowed to be run under the leadership of the respondent No. 6 in the name of an unregistered fictitious organization. 4. This Court in the aforesaid backdrop, passed an interim order directing the District Commissioner, Morigaon to ensure the distribution of PDS item through any other GPSS or any other way permissible under Assam Public Distribution Articles Order 1982 and not through the respondent No. 6. Page No.# 5/6 5. It was further made clear by this Court under its order dated 23.02.2024 that the pendency of the writ petition shall not be a bar for the District Commissioner, Morigaon to proceed with the allegation made against the petitioners in accordance with law. 6. Mr. M. H. Ahmed, learned counsel for the petitioners on instruction submits that during the pendency of this writ petition, the District Commissioner, Morigaon issued a show cause notice dated 01.04.2024 to the petitioners on the basis of an enquiry report submitted by one Sri Rupam Bayan, Inspector, FPD&CA, Morigaon about malpractices of MDM rice by M/s Doloigaon GPSS. According to the learned counsel for the petitioners, the petitioners have duly replied to such show notice dated 01.04.2024, however, the District Commissioner, Morigaon, has not taken any decision as yet. Accordingly, he contends that this writ petition may be disposed of directing the respondent authorities to pass a reasoned order on the basis of reply filed by the petitioners to the show cause notice dated 01.04.2024 as per the procedure prescribed in this regard. 7. Mr. Talukdar, learned Senior Counsel representing the State respondents also submits that this writ petition can be disposed of in the manner proposed by the petitioners. 8. In view of the aforesaid consensus, the writ petition stands disposed of by directing the respondent/District Commissioner, Morigaon to complete the proceeding initiated against the petitioners by its order dated 01.04.2024 and bring the proceeding to a logical end and pass a speaking order as per prescribed procedure in this regard within a period of six weeks from the date of receipt of a certified copy of this order to be furnished by the petitioners. 9. Till such decision is made, the interim order passed earlier on 23.02.2024, so Page No.# 6/6 far same relates to the arrangement of distribution through any other GPSS or any other way permissible under Assam Public Distribution Articles Order 1982 without involving respondent No. 6 shall continue. 10. This writ petition stands disposed of to the extent indicated hereinabove. JUDGE Comparing Assistant