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2026 DAILYLAW 6026 (GAU)

MD. IFTIKAR HUSSAIN PATHAN v. THE STATE OF ASSAM AND 4 ORS

WP(C)/2324/2026 · 2026-05-05

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010084872026 2026:GAU-AS:6198 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2324/2026 MD. IFTIKAR HUSSAIN PATHAN S/O FAKAR UDDIN PATHAN, R/O VILLAGE- JAMUGURI, PO- ALITANGANI, PS- JURIA, DISTRICT- NAGAON, ASSAM, PIN- 782124, MOBILE- 6001147283 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, FOOD, PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI, ASSAM, PIN- 781006 2:THE DISTRICT COMMISSIONER NAGAON PO AND PS NAGAON DISTRICT- NAGAON (ASSAM) PIN 782001 3:THE ADDL. DISTRICT COMMISSIONER NAGAON I/C FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS PO AND PS NAGAON DISTRICT- NAGAON ASSAM PIN- 782001 4:THE DEPUTY DIRECTOR FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS NAGAON PO AND PS NAGAON DISTRICT- NAGAON ASSAM Page No.# 2/4 PIN- 782001 5:JAHIRUL ISLAM S/O SURUZ ALI R/O VILLAGE- JAMUGURI PO- ALITANGANI PS- JURIA DISTRICT- NAGAON ASSAM PIN- 78212 For the Petitioner(s) : Mr. M. K. Hussain, Advocate For the Respondent(s) : Mr. K. Gogoi, Addl. Sr. GA, Assam BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 06.05.2026 Mr. M. K. Hussain, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the Respondent Nos. 1 to 4. 2. The Petitioner herein has approached this Court by filing the present writ petition on the ground of non-consideration of the representation submitted by the various alleged beneficiaries of the Fair Price Shop of the Respondent No.5 dated 29.11.2025. 3. It is relevant to take note of that the license of the Respondent No.5 was suspended vide an order dated Page No.# 3/4 11.09.2025. Thereupon, the said suspension was withdrawn vide an order dated 14.10.2025 with a strict warning not to repeat the circumstances which led to the suspension and if such repetition is there, action for cancellation of the license would be taken. 4. It is further seen that the representation which was filed by the various alleged beneficiaries of the Fair Price Shop of the Respondent No.5 sought for revival of the order dated 11.09.2025 and cancellation of the order dated 14.10.2025. However, a perusal of the said representation reveals that there is not a single allegation made against the Respondent No.5 that he had taken any steps contrary to the directions so passed in the order dated 14.10.2025. 5. Considering the above, this Court does not find the present case to be a fit case for being entertained under Article 226 of the Constitution. 6. Accordingly, the instant writ petition stands dismissed. 7. Before parting with the records, this Court however observes that the dismissal of the writ petition shall not preclude the alleged beneficiaries of the Fair Price Shop of the Respondent No.5 to submit a representation, if in the circumstance, the Respondent No.5 takes any steps contrary to Page No.# 4/4 the order dated 14.10.2025. JUDGE Comparing Assistant