Jakir Hussain, S/o. Gaharuddin S. K. v. State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam, Food, Civil Supplies And Consumer Affairs Dept.
2026-03-10
Devashis Baruah
body2026
DailyLaw.ai
JUDGMENT : DEVASHIS BARUAH, J. Heard Mr. I. Borthakur, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1, 2, 3 and 4. 2. The grievance of the Petitioner herein is that the Petitioner is the license holder of a Fair Price Shop. But the Respondent Authorities have not issued the “e-POS” machine and without the “e-POS” machine, there cannot be an allotment of Fair Price Shop articles which are required to be distributed. Being aggrieved by such actions on the part of the Respondent Authorities in not providing the “e-POS” device, the Petitioner has approached this Court by filing the present writ petition. 3. This Court had issued notice on 17.07.2023 seeking instructions as to why the Petitioner’s name have not been included in the “SIMS” and the “e-POS” Machine have not been allotted to the Petitioner. 4. Today, when the writ petition has been taken up, Mr. K. Gogoi, the learned Additional Senior Government Advocate has placed before this Court a set of instructions issued by the Commissioner, Food, Public Distribution, Consumer Affairs and Legal Metrology, Assam dated 13.02.2026. The said instruction(s) is kept on record and marked with the letter “X”. 5. In the said instruction qua the Petitioner, it is mentioned that the proposal so submitted was not found inconformity with the existing rules/norms due to the FPS against whom the proposal for replacement of the Petitioner FPS was found having less than 50 Ration Cards. It is also mentioned that the District Authority in FPD&CA, Dhubri has been requested to re-submit the proposal against any existing vacancy that arises due to surrendered/cancellation/death of the existing Fair Price Shop Dealer in the database and the same may be entertained as per the existing rules/norms. The instruction(s) which is relevant qua the Petitioner is reproduced herein under: “Proposal for replacement of the petitioner Fair Price Shop was received from the District Commissioner, Dhubri vide letter no. DSG-26/2019/243 dated 06.11.2025. But on verification in the database, it is seen that the proposal for replacement of the Petitioner FPS was not found inconformity with the existing rules/norms due to the FPS against whom the proposal for replacement of the petitioner FPS was found having less than 50 Ration Card.
DSG-26/2019/243 dated 06.11.2025. But on verification in the database, it is seen that the proposal for replacement of the Petitioner FPS was not found inconformity with the existing rules/norms due to the FPS against whom the proposal for replacement of the petitioner FPS was found having less than 50 Ration Card. The District Authority in FPD&CA, Dhubri has been requested to resubmit the proposal against any existing vacancy that arises due to surrendered/cancellation/death of existing Fair Price Shop Dealer in the database the same may be entertained as per existing rules/norms. The proposal will be allowed immediately after receipt of the proposal from Dhubri District subject to fulfillment of existing rules/norms.” 6. Mr. I. Borthakur, the learned counsel who appears on behalf of the Petitioner submits that the Petitioner is not adverse to submitting a fresh proposal subject to such proposal being considered as per the existing rules/norms. 7. Mr. K. Gogoi, the learned Additional Senior Government Advocate submits that taking into account the instructions so placed, the Respondents would duly consider such fresh proposal as submitted by following the existing rules/norms. 8. Taking into account the above, the instant writ petition stands disposed of with the following observations and directions: (i) The Petitioner is given the liberty to submit a fresh proposal against any existing vacancy that may arise due to surrendered/cancellation/death of the existing Fair Price Shop Dealer by following in the existing rules/norms. (ii) It is observed that if the Petitioner submits such application by giving a fresh proposal, the Respondents herein more particularly the Commissioner, Food, Public Distribution, Consumers Affairs and Legal Metrology, Assam shall duly consider the same. (iii) It is observed that upon submission of the fresh proposal by the Petitioner by way of an application, the District Authority in the FPD&CA, Dhubri shall forward the same to the Commissionerate of Food, Public Distribution, Consumer Affairs and Legal Metrology, Assam forthwith and thereupon, the Respondent Authorities shall duly consider the same and preferably within a period of 6 (six) weeks from the date of submission of the application filed by the Petitioner.