Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 26 November, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010247572025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6460/2025
SHARE HOLDER NO 769 OF RONGPUR COOP. SOCIETY, RESHMA PARVEEN
LASKAR AND ANR
W/O IFTIKAR AHMED LASKAR, P.O. GOSSAIPUR PT.III, P.S. UDHARBOND,
DIST. CACHAR, ASSAM
2: SHARE HOLDER NO 1148 OF RONGPUR COOP. SOCIETY
HAMIDUL ISLAM BORBHUIYA
S/O LATE FOZLE HAQUE BORBHUIYA
VILL. GOSSAIPUR PT.III
P.S. UDHARBOND
DIST. CACHAR
ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, FOOD AND
CIVIL SUPPLY AND CONSUMER AFFAIRS DEPTT., DISPUR, GUWAHATI-6
2:THE DISTRICT COMMISSIONER
CACHAR DISTRICT
SILCHAR
ASSAM
3:THE SUPERINTENDENT
FOOD
CIVIL SUPPLY AND CA
SILCHAR
O/O THE DISTRICT COMMISSIONER
CACHAR
SILCHAR
ASSAM.
4:THE ZONAL JOINT REGISTRAR OF COOP. SOCIETIES
Page No.# 2/5
CACHAR
SILCHAR
ASSAM.
5:THE ASSTT REGISTRAR OF COOP. SOCIETIES
CACHAR
SILCHAR
ASSAM
6:THE OFFICER ON MANAGEMENT
M/S RONGPUR COOP. SOCIETIES LTD.
GOSSAIPUR PT.III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
C/O - O/O THE ASSTT. REGISTRAR OF COOP. SOCIETIES
CACHAR
SILCHAR
ASSAM
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
For the petitioner (s) : Mr. B. Sinha, Advocate
For the respondent (s) : Ms. U. Das, Addl. Sr. Govt. Advocate
Mr. R. B. Goswami, Advocate
Date on which judgment is reserved : NA
Date of pronouncement of judgment : 26.11.2025
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. B. Sinha, the learned counsel appearing on
behalf of the petitioners. Ms. U. Das, the learned Additional
Page No.# 3/5
Senior Government Advocate appears on behalf of the
respondent Nos. 1, 2 & 3; Mr. R. B. Goswami, the learned
counsel appears on behalf of the respondent Nos.4, 5 & 6.
2. The present writ petition has been filed challenging the
order dated 28.10.2022 passed by the Superintendent, Food and
Civil Supplies and CA, Silchar whereby the petitioners license was
cancelled under Clause 15(2) of the Assam Public Distribution of
Articles Order, 1982 (for short, 'the Order of 1982') for the
reasons stated therein.
3. Ms. U. Das, the learned Additional Senior Government
Advocate submitted that this Court may not like to exercise its
writ jurisdiction in the instant writ petition taking into account
that the petitioners have alternative and efficacious remedies.
She further submitted that various disputed questions of facts
have also to be ascertained as to whether there was any
violation by the petitioners to the terms of the license as well as
the Order of 1982.
4. Mr. B. Sinha, the learned counsel appearing on behalf of the
petitioners, however, submitted that the very basis on which the
impugned cancellation order was passed is no longer valid in
view of the final report being submitted in respect to Udharbond
P. S. Case No.271/2021 registered under Sections 409/468/420
Page No.# 4/5
of the IPC.
5. It is the opinion of this Court that these aspects are required
to be dealt with by a forum wherein adjudication of facts can be
carried out.
6. The learned counsel for the respondents though submitted
that there is an alternative and efficacious remedy, but, it is
pertinent to observe that the time permitted under Clause 29 of
the Order of 1982 is only 30 days from the date of the said order
of cancellation.
7. Taking into account that the petitioners herein, if relegated
to the Statutory Authority has also to be given an opportunity to
file the said Appeal.
8. Accordingly, this Court, therefore, taking into account the
subsequent cause of action, i.e. the submission of the final
report in respect to Udharbond P. S. Case No.271/2021 and the
final report having been accepted by the Court vide an order
dated 18.05.2023, is of the opinion that the petitioners should be
granted an opportunity to avail the remedy by way of appeal
before the Appellate Authority in terms with Clause 29 of the
Order of 1982.
9. Accordingly, this Court, therefore, disposes of the instant
writ petition with the following observations and directions:
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(i) This Court has not dealt with the merits as regards the
legality or validity of the impugned order dated 28.10.2022
whereby the petitioners' license has been cancelled.
(ii) The petitioners herein are granted liberty for a period of
30 days from today to file an Appeal before the Appellate
Authority in terms with Clause 29(2) of the Order of 1982.
(iii) It is further observed that in the circumstance the
petitioners file the Appeal within the period as permitted,
the Appellate Authority shall decide the same on merits and
without going into the question of limitation.
(iv) The present order should not influence the Appellate
Authority in deciding the Appeal.
(v) The present order shall not preclude the petitioners to
approach this Court, should the Appeal be decided against
the petitioners.
JUDGE
Pradip Kumar Digitally signed by Pradip
Kumar Kalita
Kalita Date: 2025.11.27 17:21:57
+05'30'
Comparing Assistant
