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2026 DAILYLAW 9990 (GAU)

Zakir Hussain, S/o. Late Azizur Rahman 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
JUDGMENT : DEVASHIS BARUAH, J. Heard Mr. I. Borthakur, the learned counsel appearing on behalf of the Petitioners 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 Petitioners herein is that the Petitioners are the license holders of Fair Price Shops. 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 Petitioners have 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 Petitioners’ name have not been included in the “SIMS” and the “e-POS” Machine have not been allotted to the Petitioners. 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 Petitioners, it is mentioned that the proposal so submitted was not found inconformity with the existing rules/norms due to the FPS against the proposal for replacement of the FPS of Fatema Bibi and Sadek Ali were 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 petitioners Fair Price Shop was received from the District Commissioner, Dhubri vide letter no. DSG-26/2019/243 dated 06.11.2025. Accordingly, on verification in the database, it is seen that the proposal against three (3) nos. of petitioners namely Mustak Hussain, Sabar Ali Ahmed and Zakir Hussain have been found inconformity with the existing rules/norms and accordingly inclusion has been made in the database (SMART-PDS). However, proposal against two (2) nos. DSG-26/2019/243 dated 06.11.2025. Accordingly, on verification in the database, it is seen that the proposal against three (3) nos. of petitioners namely Mustak Hussain, Sabar Ali Ahmed and Zakir Hussain have been found inconformity with the existing rules/norms and accordingly inclusion has been made in the database (SMART-PDS). However, proposal against two (2) nos. of petitioners namely Fatema Bibi and Sadek Ali have not been found inconformity with the existing rules/norms due to the FPS against whom the proposal for replacement of the FPS of Fatema Bibi and Sadek Ali were 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 Petitioners submits that the Petitioners are 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 Petitioners are 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 Petitioners submit 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 Petitioners 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 Petitioners.