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2025 DAILYLAW 9112 (GAU)

BHURAKATA GAON PANCHAYAT SAMABAY SOMITI LTD v. THE STATE OF ASSAM AND ORS

WP(C)/1474/2025 · 2025-03-16

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010053382025 2025:GAU-AS:2757 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1474/2025 BHURAKATA GAON PANCHAYAT SAMABAY SOMITI LTD REPRESENTED BY ITS SECRETARY, SHAHIDUL ISLAM AGED ABOUT 41 YEARS S/O LATE ISHAD ALI R/O VILL. DHARAKUBA PART-II P.O. RADHA MADHAB HAT P.S. MANKACHAR DIST. SOTUH SALMARA MANKACHAR VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DISPUR, GUWAHATI-06 2:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI-05 3:THE DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR GUWAHATI-05 4:THE ASSISTANT DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS SOUTH SALMARA MANKACHAR HATSINGIMARI 5:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM GUWAHATI-22 6:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES HATSINGIMARI SOUTH SALMARA MANKACHAR Page No.# 2/3 7:THE SUB DIVISIONAL OFFICER (C) HATSINGIMARI SOUTH SALMARA MANKACHAR Advocate for the Petitioner : MR. S BORTHAKUR, MS. S KAKATI,MR. A DEKA Advocate for the Respondent : GA, ASSAM, SC, CO OP BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 17.03.2025 Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Additional Senior Government Advocate, appearing on behalf of the respondent Nos. 1, 2, 3, 4 & 7 and Ms. S. T. Bokth, learned Standing Counsel, Co-operation Department, appears for the respondent Nos. 5 & 6. 2. The petitioner is a Co-operative Society, registered under the provisions of the Assam Co-operative Societies Act, 2007. The petitioner made an application for issuance of a PDS license in the year 2015, however, as no steps were taken, the petitioner approached this Court by filing WP(C) No. 6514/2021, which was disposed of on 03.10.2024 with the following observations and directions:- “5. Be that it as may, it is seen that the petitioner herein applied in the year 2015 and the writ petition was filed in the year 2021 and at present as this Court takes up the instant writ petition another 3 years have already passed by. 6. The learned counsel appearing on behalf of the petitioner submits that various further changes may have taken place in the meantime and as such taking into account the above the petitioner would be well advised to apply freshly for the PDS License if the petitioner is further interested in getting the license. Page No.# 3/3 7. Taking into account the above, this Court without going into the merits closes the instant writ petition in view of the submission made by the learned counsel for the petitioner. 8. It is made clear that closing of the instant writ petition would not be a bar or cause prejudice to the petitioner in freshly applying for the PDS License, if so advised.” 3. Pursuant to the Order dated 03.10.2024, passed by this Court in WP(C)/6514/2021, the petitioner made an application before the District Commissioner, South Salmara Mankachar, Hatsingimari on 03.02.2025 for issuance of a PDS Sub-wholesale/Dealer/Retail license in favour of the petitioner. The grievance of the petitioner in the present writ petition is that his application dated 03.02.2025 is yet to be considered by the respondent No. 3. 4. Considering the short issue involved, this writ petition is disposed of directing the District Commissioner, South Salmara Mankachar, Hatsingimari/Respondent No. 3 to consider and dispose of the application made by the petitioner on 03.02.2025 in accordance with law and as per existing policy within a period of 6 (six) weeks from the date of receipt of a certified copy of this Court’s Order. 5. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant