Page No.# 1/7 vs The State Of Assam And 5 Ors on 9 March, 2026

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/7

GAHC010166182020




                                                           2026:GAU-AS:3506

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

                        Case No. : WP(C)/5400/2020

         NURJAHAN CHOUDHURY
         W/O BAHARUL ISLAM CHOUDHURY, R/O VILL. KAZIDAHAR PT-III, P.S.
         SONAI, DIST. CACHAR, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         TO BE REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT.
         OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DISPUR,
         GUWAHATI 06

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

         3:THE DEPUTY COMMISSIONER
          CACHAR
          SILCHAR

         4:THE SUPERINTENDENT
          FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS
          CACHAR
          SILCHAR

         5:THE INSPECTOR
          FOOD
          CIVIL SUPPLIES AND CONSUMER AFFAIRS
          CACHAR
          SILCHAR
                                                                    Page No.# 2/7

            6:THE NASINGPUR CO-OPERATIVE SOCIETY LTD.
            TO BE REPRESENTED BY IT SECY.
             NARSINGPUR
             P.O. NARSINGPUR
             DIST. CACHAR
            PIN 78811

Advocate for the Petitioner   : MR A R BHUYAN, MR. M A I HUSSAIN

Advocate for the Respondent : GA, ASSAM,




             Linked Case : WP(C)/697/2025

            MD AZAD HUSSAIN CHOUDHURY
            S/O LATE AZIZUR RAHMAN CHOUDHURY
            RESIDENT OF VILLAGE- KAZIDAHAR PT- III
            PO.- BOALJUR
            PS SONAI
            PIN 788115
            DIST CACHAR
            ASSAM


             VERSUS

            THE STATE OF ASSAM 6 ORS.
            REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
            ASSAM
            DISPUR
            GUWAHATI 6

            2:THE COMMISSIONER AND SECRETARY
            TO THE GOVERNMENT OF ASSAM
             FOOD
             CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT
             DISPUR
             GUWAHATI - 781006

            3:THE DIRECTOR
            FOOD
            CIVIL
            SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT
            ASSAM
                                                                        Page No.# 3/7

           BHANGAGARH
           GUWAHATI-781005

          4:THE DISTRICT COMMISSIONER
          CACHAR
          CACHAR
          SILCHAR

          5:THE SUPERINTENDENT
          FOOD CIVIL SUPPLIES AND CONSUMERS AFFAIRS DEPARTMENT
          CACHAR
          SILCHAR

          6:THE INSPECTOR OF FOOD CIVIL SUPPLIES
          CONSUMERS AFFAIRS
          CACHAR
          SILCHAR

          7:THE NARSINGPUR COOPERATIVE SOCIETY LTD
          REPRESENTED BY ITS SECRETARY
          NARSINGPUR PO NARSINGPUR
          DIST CACHAR
          PIN- 78115
          ------------

                                    BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH


Advocate for the petitioner(s):    Mr. AR Bhuyan
In WP(C)No.5400/2020
Advocate for the petitioner(s):    Ms. K Deka
In WP(C)No.697/2025


Advocate for the respondent(s): Mr. K Gogoi
                                  Addl. Senior Govt. Advocate, Assam


Date on which Judgment is reserved      :       NA


Date of Pronouncement of Judgment : 09.03.2026
                                                                            Page No.# 4/7



Whether the Pronouncement is of the : NA
Operative Part of the Judgment


Whether the Full Judgment has been : Yes
Pronounced


                               JUDGMENT & ORDER (ORAL)

Heard Mr. AR Bhuyan, learned counsel appearing on behalf of the petitioner in WP(C)No.5400/2020 as well as Ms. K Deka, the learned counsel appearing on behalf of the petitioner in WP(C)No.697/2025. Also heard Mr. K Gogoi, the learned Addl. Senior Government Advocate, Assam who appears on behalf of the official respondents in both the writ petitions.

2. The tussle in both the writ petitions pertain to a fair price shop (hereinafter referred to as the 'Fair Price Shop in question') at village Kajidahar, Part III. It is relevant to take note of that the Fair Price Shop in question was earlier run by one Riyajul Hoque Choudhury having License No.1715 and FPS Code No.13700100416 under Narsingpur Co-operative Society Limited. The license holder of the said Fair Price shop, namely Riyajul Hoque Choudhury, expired during the COVID-19 pandemic. Resultantly, the ration cards which were tagged with the Fair Price Shop in question were attached to the Fair Price shop of another village owned by one Farhana Begum Barbhuiya.

3. The materials on record clearly show that the petitioner, in WP(C)No.5400/2020, was thereupon issued the license for the fair price shop in question bearing No.3415(New). This was done pursuant to the order of the Deputy Commissioner Cachar, Silchar, on 08.07.2020 and in that regard, an Page No.# 5/7

identity book was also issued in favour of the writ petitioner in WP(C) No.5400/2020.

4. The grievance of the petitioner in the WP(C)No.5400/2020 is that in spite of having issued the license, the respondent authorities have not supplied the essential commodities to the Fair Price Shop in question under the license of the petitioner and it is under such circumstances the writ petition being WP(C)No.5400/2020 was filed.

5. Be that as it may, while the petitioner in WP(C)No.5400/2020 had already been issued the license bearing No.3415 in respect to the fair price shop in question, the petitioner in WP(C)No.697/2025 continued to pursue for the license in respect to the said Fair Price Shop in question. It is also seen that there was a resolution adopted by the Narsingpur Cooperative Society Ltd., recommending that the petitioner in WP(C)No.697/2025 should be issued the license for the fair price shop in question.

6. This Court duly takes note of the fact that various residents of the village also have requested the authorities to issue the license in favour of the writ petitioner in WP(C)No.697/2025. However, as neither the resolution of the Narsingpur Cooperative Society Limited nor the representation submitted by the various persons connected with the fair price shop in question was considered, the writ petition being WP(C)No.697/2025 was filed.

7. This Court has duly heard the learned counsels appearing on behalf of the parties and has also perused the affidavits which have been filed by the State respondents as well as the replies filed by the petitioners.

8. It is seen that the official respondents have duly admitted that the petitioner in WP(C)No.5400/2020 was issued the license in favour of the fair Page No.# 6/7

price shop in question bearing license No.3415. However, in view of the pendency of WP(C)No.697/2025, the supply of the essential commodities have not been made to the petitioner in WP(C)No.5400/2020.

9. This Court also duly takes note of that the petitioner in WP(C)No.697/2025 have sought for a mandamus for consideration of his case for being appointed as the license holder in respect to the Fair Price Shop in question. This Court finds it very pertinent to observe that it appears that the petitioner is not either aware of the fact that the petitioner in WP(C)No.5400/2020 have already been issued the license in respect to the Fair Price Shop in question, or the petitioner had not disclosed the said aspect, inasmuch as, without a challenge or setting aside the license which had been issued, or the license having been cancelled in accordance with law, the question of passing of directions in the case of the petitioner in WP(C)No.697/2025 do not arise.

10. This Court also duly takes note of the reason why the respondents have not supplied the essential items to the petitioner in WP(C)No.5400/2020 i.e. on account of the pendency of WP(C)No.697/2025. It is the opinion of this Court that the reasons assigned does not appear to be a reasonable ground, taking into account that the petitioner in WP(C)No.5040/2020 was issued the license way back in the year 2020, and the writ petition being WP(C)No.697/2025 was filed 5(five) years thereafter.

11. Accordingly, both the writ petitions stand disposed of with the following observations and directions:

(i). The Official respondents jointly and severely in WP(C)No.5400/2020 are directed to de-tag those ration cards which were originally tagged with the Fair Price Shop in question and subsequently tagged with the Fair price shop of Page No.# 7/7

Farhana Begum Barbhuiya and thereafter tag those ration cards with the Fair Price Shop in question. Upon doing so, directions are further issued to supply the essential items to the Fair Price Shop in question, run under the license of the petitioner in WP(C)No.5400/2020.

(ii). The above exercise be completed within a period of 45 days from today, ensuring that there is no inconvenience to the ration card holders.

(iii). The writ petition being WP(C)No.697/2025 is without any merit and accordingly dismissed. The reason for dismissal is that the case of the petitioner under no circumstances can be considered for being granted the license, till the license in respect to the Fair Price Shop in question already granted to the petitioner in WP(C)No.5400/2020 is cancelled.

(iv). This Court, however, observes that the dismissal of WP(C)No.697/2025 shall not preclude the petitioner to challenge the issuance of the license in favour of the petitioner in WP(C)No.5400 of the 2020, if so permissible under the law.

12. With the above, both the writ petitions stand disposed of.

JUDGE

Comparing Assistant