Page No.# 1/5 GAHC010090792021 2026:GAU-AS:5426 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4393/2021 SAMSUL HOQUE S/O MD. WAHID ALI PAKHIMORIA FP SHOP DEALER, VILLAGE PAKHIMORIA, PS SADAR, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FOOD AND CIVIL SUPPLIERS AND CONSUMER AFFAIRS, DISPUR GUWAHATI 06 2:THE DEPUTY COMMISSIONER NAGAON ASSAM 3:THE ADDITIONAL DEPUTY COMMISSIONER FOOD AND CIVIL SUPPLIERS AND CONSUMER AFFAIRS NAGAON PS AND DIST NAGAON ASSAM 4:THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIERS AND CONSUMER AFFAIRS NAGAON PS AND DIST NAGAON ASSAM Page No.# 2/5 5:INSPECTOR FOOD AND CIVIL SUPPLIERS AND CONSUMER AFFAIRS NAGAON PS AND DIST NAGAON ASSAM 6:DAKHINPAT SAMABAI SAMITY LTD. REPRESENTED BY THE SECRETARY P.O. BALIGAON (DAKHINPAT) DIST. NAGAON ASSAM BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. D. P. Chaliha, Sr. Advocate : Ms. M. Roy, Advocate For the Respondent(s) : Ms. U. Das, Addl. Sr. GA, Assam · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 20.04.2026 · Whether the pronouncement is of the Operative Part of the Judgment : No · Whether the full Judgment has been Pronounced : Yes JUDGMENT AND ORDER (ORAL) Heard Mr. D. P. Chaliha, the learned Senior counsel assisted by Ms. M. Roy, the learned counsel appearing on behalf of the Petitioner and Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1 to 5. Page No.# 3/5 2. The Petitioner herein who was issued a PDS License has approached this Court seeking directions upon the Respondent Authorities to comply with the order dated 11.12.2019 passed by the learned Commissioner, Central Assam Division, Nagaon. 3. The brief facts which led to the filing of the instant writ petition are that the Petitioner’s license was cancelled by the Additional Deputy Commissioner, Nagaon vide an order dated 10.01.2018 on the ground that the Petitioner had violated Clauses 10, 14, 18 and 26 of the Assam Public Distribution of Articles Order, 1982 as well as Terms and Condition Nos. 3(a)(b), 4 and 8(1) of the license and Section 9(i) and (ii) of the Essential Commodities Act, 1955. 4. The Petitioner thereupon preferred an appeal before the learned Commissioner, Central Assam Division, Nagaon which was registered and numbered as Case No.GG(CAD).1/2018. The said appeal was allowed by the learned Commissioner, Central Assam Division, Nagaon vide an order dated 11.12.2019. 5. It is the case of the Petitioner that in pursuance to the order dated 11.12.2019, the Respondents have not restored the license of the Petitioner and it is under such circumstances, the Petitioner Page No.# 4/5 has approached this Court by filing the present writ petition. 6. Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1 to 5 has placed before this Court an instruction dated 11.02.2026 which is kept on record and marked with the letter “X”. 7. From a perusal of the said instruction along with the enclosed order dated 03.12.2021 issued by the Additional Deputy Commissioner, Nagaon, it appears that in pursuance to the order dated 11.12.2019 issued by the learned Commissioner, Central Assam Division, Nagaon, the license of the Petitioner was restored. However, the said restoration was subject to tagging of 50 and above ration cards from the existing Fair Price Shop agent Faradin Ahmed under Dakhinpat S.S. It is also mentioned in the said instruction dated 11.02.2026 that the Petitioner had only 13 beneficiaries and in view of the policy decision of the Government of Assam to tag at least 50 ration card holder to each Fair Price Shop, the Petitioner has not been issued the ePOS machine. 8. Taking into account the above, it is the opinion of this Court that as the order dated 11.12.2019 issued by the learned Commissioner, Central Assam Division, Nagaon has already been Page No.# 5/5 given effect to by restoring the Petitioner’s license vide an order dated 03.12.2021, nothing further remains in the instant writ petition. 9. It is also the opinion of this Court that as the policy decision of the Government of Assam of tagging 50 ration cards against each Fair Price Shop have already been upheld by this Court in various decisions, this Court cannot issue a direction upon the Respondents to issue ePOS machine to the Petitioner as the Petitioner admittedly has less than 50 ration cards tagged to his shop. 10. Accordingly, the instant writ petition stands closed. JUDGE Comparing Assistant Bijoy Saha Digitally signed by Bijoy Saha Date: 2026.04.21 11:02:08 +05'30'