Karuna Kanta Baro vs The State Of Assam And 6 Ors
2023 Latest Caselaw 1306 Gua

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GAHC010159652022




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

                           Case No. : WP(C)/5516/2022

         KARUNA KANTA BARO
         S/O. MUHIRAM BARO, VILL. BARUAHOWLI, P.O. KABIRALI, P.S.
         KALAIGAON, DIST. UDALGURI BTR, ASSAM, PIN-784525.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, FOOD AND CIVIL
         SUPPLIES AND CONSUMER AFFAIRS, DISPUR, DEPTT., GUWAHATI-781006.

         2:THE DIRECTOR OF FOOD AND CIVIL SUPPLIES AND CONSUMER
         AFFAIRS
         ASSAM BHANGAGARH
          GUWAHATI-05.

         3:THE DEPUTY COMMISSIONER

          UDALGURI
          P.O. AND P.S. UDALGURI
          BTR
          ASSAM
          PIN-784509.

         4:BODOLAND TERRITORIAL COUNCIL
          REP. BY THE PRINCIPAL SECRETARY KOKRAJHAR
          P.O. AND P.S. KOKRAJHAR
          BTR
         ASSAM
          PIN-783370.

         5:THE SUPDT. OF POLICE
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             FOOD
             CIVIL SUPPLIES AND CONSUMER AFFAIRS
             UDALGURI
             P.O. AND P.S. UDALGURI
             DIST. UDALGURI
             BTR
             ASSAM
             PIN-784509.

            6:THE SUB DIVISIONAL OFFICER BHERGAON

             SUB-DIVISION
             P.O. AND P.S. BHERGAON
             DIST. UDALGURI
             BTR
             ASSAM
             PIN-784528.

            7:THE ASSTT. DIRECTOR

             FOOD
             CIVIL SUPPLIES AND CONSUMER AFFAIRS
             SUB-DIVISION
             P.O. AND P.S. BHERGAON
             DIST. UDALGURI
             BTR
             ASSAM
             PIN-784528

Advocate for the Petitioner   : MR R S CHAUHAN

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

29.03.2023

Heard Shri R.S. Chauhan, learned counsel for the petitioner, who is aggrieved by the action of the respondent authorities in discontinuing the Fair Price Shop on the basis of a decision that Fair Price Shop having 50 or less Card Page No.# 3/3

Holders would be discontinued and the consumers be attached to the nearby Fair Price Shop. The learned counsel, Shri Chauhan, has however submitted that the aforesaid decision has been upheld by this Court which judgment is a subject matter of a pending Writ Appeal being WA No. 51/2023.

In that view of the matter, this Court is inclined to issue notice of motion and await the verdict of the Hon'ble Division Bench.

Accordingly, issue notice, returnable by 6 (six) weeks.

Ms. S. Sharma, learned State Counsel accepts notice on behalf of the respondent nos. 1, 2, 3, 5, 6 & 7 whereas Shri. R.K. Muchahary, learned Standing Counsel, BTC, accepts notice on behalf of the respondent no. 4.

Let extra copies be served upon the learned counsel for the respondents by tomorrow, i.e., 30.03.2023.

Parties are at liberty to make a mention of this matter in the event, the Hon'ble Division Bench passes any final orders in the aforesaid writ appeal.

JUDGE

Comparing Assistant