Gauhati High Court

Banamali Sarkar vs The State Of Assam And 4 Ors on 2 June, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                  Page No.# 1/3

GAHC010125872020




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

                          Case No. : WP(C)/3795/2020

         BANAMALI SARKAR
         S/O- LT. KHARGESWAR SARKAR, R/O VILL.- CHAPAGURI PART- I, WARD
         NO. 4, P.O.- CHAPAGURI, DIST.- CHIRANG (BTAD), ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE SECY. TO THE GOVT. OF ASSAM, FOOD, CIVIL SUPPLIES AND
         CONSUMER AFFAIRS DEPTT., DISPUR, GHY- 6.

         2:THE PRINCIPAL SECY.
          BTC
          KOKRAJHAR
          P.O. AND DIST.- KOKRAJHAR (BTAD)
         ASSAM
          PIN- 783370.

         3:THE DY. COMMISSIONER
          CHIRANG
          KAJALGAON
          P.O.- KAJALGAON
          DIST.- CHIRANG (BTAD)
         ASSAM.

         4:THE DY. DIRECTOR
          FOOD
          CIVIL SUPPLIES AND CONSUMER AFFAIRS
          CHIRANG
          P.O.- KAJALGAON
          DIST.- CHIRANG (BTAD)
         ASSAM.
                                                                         Page No.# 2/3

             5:THE SUB-INSPECTOR
              FOOD
              CIVIL SUPPLIES AND CONSUMER AFFAIRS
              CHIRANG
              P.O.- KAJALGAON
              DIST.- CHIRANG (BTAD)
             ASSAM

Advocate for the Petitioner   : DR. B AHMED, MR. N HAQUE,MR M HUSSAIN

Advocate for the Respondent : GA, ASSAM, SC, BTC




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                        ORDER

02.06.2025

1. Heard Mr. N. Haque, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned counsel for the State respondents.

2. The petitioner has put to challenge the impugned order dated 11.05.2020, by which the petitioner's fair price shop licence has been suspended by the authorities.

3. Mr. M. Chetia submits that an affidavit has been filed by the respondent no.3 on 22.05.2025 and it has been clearly stated in the affidavit that the suspension order of the petitioner's fair price shop licence has been withdrawn, vide order dated 06.11.2020 issued by the Deputy Director, FCS & CA, Chirang.

4. Paragraph-8 of the affidavit filed by the respondent no.3 is to the following effect :

Page No.# 3/3

"8. That with regard to the statement made in paragraph No.5 of the writ petition, the answering deponent begs to state that in compliance to the interim Order dated 8.10.2020 passed by the Hon'ble Court in the connected writ petition, the then Deputy director, FCS & CA, Chirang passed Order dated 6.11.2020 withdrawing the suspension order of the License of the petitioner until final Judgment of the case with a warning to the petitioner not to repeat such mistake in future. The petitioner has been running the F.P. shop since the date of order dated 6.11.2020."

5. In view of the suspension of the petitioner's fair price shop having been withdrawn by the respondents, there is nothing left to adjudicate in this case.

6. Accordingly the writ petition is closed as infructuous.

7. Registry to place the affidavit of the respondent no.3 in the record.

JUDGE

Comparing Assistant