Ziabur Rahman vs The State Of Assam And 3 Ors
2025 Latest Caselaw 8341 Gua

Gauhati High Court

Ziabur Rahman vs The State Of Assam And 3 Ors on 6 November, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/4

GAHC010029392024




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

                       Case No. : WP(C)/894/2024

         ZIABUR RAHMAN
         SON OF ABDUL QUDDUS, RESIDENT OF VILLAGE- DURABANDHI BILL,
         P.O. LOCHANABORI, DISTRICT- MORIGAON, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, FOOD AND CIVIL SUPPLY AND CONSUMER
         AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-06

         2:THE DIRECTOR
          FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS
         ASSAM
          BHANGAGARH
          GUWAHATI-05

         3:THE DISTRICT COMMISSIONER
          MORIGAON
          DISTRICT- MORIGAON
         ASSAM

         4:THE ASSISTANT DIRECTOR
          FOOD AND PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS
          MORIGAON
         ASSA

                                BEFORE
          HONOURABLE MR. JUSTICE DEVASHIS BARUAH
                                                                      Page No.# 2/4

Advocate for the petitioner (s) : Mr. J. M. A. Choudhury, Advocate
Advocate for the respondent (s) : Ms. U. Das,
                                  Addl. Sr. Govt. Advocate

Date on which judgment is reserved             : NA

Date of pronouncement of judgment              : 06.11.2025

Whether the pronouncement is of the
Operative part of the judgment?                : NA

Whether the full judgment has been
Pronounced?                                    : Yes

                         JUDGMENT AND ORDER (ORAL)

Heard Mr. J. M. A. Choudhury, the learned counsel appearing on behalf of the petitioner and Ms. U. Das, the learned Additional Senior Government Advocate who appears on behalf of the respondents.

2. The petitioner herein has assailed the enquiry report dated 03.12.2022 as well as the order of cancellation of the petitioner's Fair Price Shop dated 22.01.2024 issued by the Assistant Director, Food and Public Distribution and Consumer Affairs, Morigaon.

3. From the enquiry report, it is seen that upon inspection being carried out, it was found that the petitioner was not operating his Fair Price Shop, and instead, he was supplying the PDS commodity to his consumers through the nearby Fair Price Shop of one Harmuz Ali.

4. This Court by an order dated 03.11.2025, enquired with the Page No.# 3/4

learned counsel for the petitioner as to how the petitioner can allow the lifted PDS commodity which was assigned to his shop to be distributed through another Fair Price Shop. In that regard, an affidavit has been filed by the petitioner today. However, the said affidavit does not clearly state as regards the lifting of the PDS commodity for the month of October, 2025 and thereby allowing the said PDS commodity being allowed to be distributed through another Fair Price Shop.

5. From the materials on record, it therefore appears that there are various disputed questions of facts as to whether the petitioner actually lifted the PDS commodity for the month of October, 2025 and permitted the distribution of such PDS commodity through another Fair Price Shop.

6. While taking up the matter, it has been duly informed to this Court that an Appeal lies against an order of cancellation under Clause 29(1) of the Assam Public Distribution of Articles Order, 1982 and the petitioner would like to avail such appellate remedy where various disputed questions of facts can be dealt with.

7. Taking into account the above, this Court therefore closes the instant writ petition in view of the said submission made by the learned counsel for the petitioner thereby permitting the petitioner to file an Appeal against the order dated 22.01.2024 which has been impugned in the instant proceedings before the Appellate Page No.# 4/4

Forum, and if such Appeal is filed within a period of 30 days from today, the Appellate Authority shall decide the same on merits without raising the issue of limitation.

8. Accordingly, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant