Page No.# 1/4 vs The State Of Assam And 5 Ors
2021 Latest Caselaw 2648 Gua

                                                                 Page No.# 1/4

GAHC010160522021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/5734/2021

         RENU BALA DAS @ RUNU BALA DAS AND 4 ORS
         W/O- LT. HARENDRA DAS, VILL- PUB BHALUKMARI WARD NO. 1, P.O.
         BHALUKMARI, P.S. LANKA, DIST.- HOJAI, ASSAM, PIN- 782442

         2: FONI BHUSAN DAS
          S/O- LT. HARENDRA DAS
         VILL- PUB BHALUKMARI WARD NO. 1
          P.O. BHALUKMARI
          P.S. LANKA
          DIST.- HOJAI
         ASSAM
          PIN- 782442

         3: DIPTI RANI DAS
         W/O- SRI FONI BHUSAN DAS
         VILL- PUB BHALUKMARI WARD NO. 1
          P.O. BHALUKMARI
          P.S. LANKA
          DIST.- HOJAI
         ASSAM
          PIN- 782442

         4: PIJUSH DAS
          S/O- SRI FONI BHUSAN DAS
         VILL- PUB BHALUKMARI WARD NO. 1
          P.O. BHALUKMARI
          P.S. LANKA
          DIST.- HOJAI
         ASSAM
          PIN- 782442

         5: BIPLAB DAS
          S/O- SRI FONI BHUSAN DAS
         VILL- PUB BHALUKMARI WARD NO. 1
                                                         Page No.# 2/4

P.O. BHALUKMARI
P.S. LANKA
DIST.- HOJAI
ASSAM
PIN- 78244

VERSUS

THE STATE OF ASSAM AND 5 ORS
TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, FOOD
AND CIVIL SUPPLY AND CONSUMER AFFAIRS DEPTT., DISPUR, GHY-6

2:THE DIRECTOR OF FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS
DEPTT.
 BHANGAGARH
 GHY-5

3:THE DY. COMMISSIONER
 HOJAI
 SANKARDEVNAGAR
 DIST.- HOJAI
ASSAM
 PIN- 782435

4:THE INSPECTOR OF FOOD AND SUPPLY AND CONSUMER AFFAIRS
 HOJAI
 SANKARDEVNAGAR
 DIST.- HOJAI
ASSAM
 PIN- 782435

5:SOMA BISWAS
W/O- BHUSAN BISWAS
VILL- PUB BHALUKMARI WARD NO. 1
 P.O. BHALUKMARI
 P.S. LANKA
 DIST.- HOJAI
ASSAM
 PIN- 782442

6:BHUSAN BISWAS
 S/O- LT. JATINDRA BISWAS
 GOVT. GAONBURA
VILL- PUB BHALUKMARI
 P.O. BHALUKMARI
 P.S. LANKA
 DIST.- HOJAI
ASSAM
                                                                                     Page No.# 3/4

             PIN- 78244

Advocate for the Petitioner   : MR. N H MAZARBHUIYAN

Advocate for the Respondent : GA, ASSAM




                                            BEFORE
                 HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                            ORDER

01-11-2021

Heard Mr. T. K. Dey, learned counsel for the petitioner and Mr. N. Goswami, learned Government Advocate, Assam for the respondent Nos. 1 to 4.

Petitioners stated that they are the resident of Ward No.1, Pub Bhalukamari Village under Lanka Police Station of Hojai District and Family Ration Card was in the name of Harendra Das, late husband of petitioner No.1. However, considering them to be foreign nationals, their ration card was seized and according to them, they are citizens of India and permanent resident of said village.

Petitioner submitted that by judgment dated 19.08.2004 passed the case No. IM(D)T/H/1085/98(D) and other connected cases, the Foreigners Tribunal, Hojai passed relevant orders that they cannot be considered as illegal migrants, who entered into Assam after 25.03.1971.

Inspite of their approach as the authority concerned have not provided them with the food grains under the Public Distribution System and have not yet been issued with the Family Ration Card for such benefits, the petitioners have preferred this writ petition.

After hearing the learned counsels for the parties and as agreed by them, this writ petition is disposed of at the motion stage itself directing the petitioners to submit their individual representations with all the details and relevant documents and certified copy of this order along with their proper address, e-mail address, telephone/mobile numbers, etc. before the Deputy Commissioner, Hojai for redressal of their grievances relating to issuance of Page No.# 4/4

fresh Family Ration Cards to them or to renew their old Family Ration Cards.

In the event of submitting such representations by the petitioners with all the pertinent documents for issuance of such fresh Family Ration Cards or to renew their old Family Ration Cards, the Deputy Commissioner, Hojai within a period of 4 (four) months (120 days) from the date of receipt of such representation(s), shall pass appropriate order for issuance of same afresh or renewal the old ones in their favour, subject to their entitlement, following the due procedure and the relevant Rules in force, in accordance with law, if there is no impediment in issuing the same to them.

The Deputy Commissioner, Hojai shall intimate the petitioners about the outcome of their representations.

With the above observation and direction, this writ petition stands disposed of.

JUDGE

Comparing Assistant