Gauhati High Court
WP(C)/4489/2026 of ASHOK SAHU Vs THE STATE OF ASSAM AND 3 ORS on 2 September 2026
GAHC010173062026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4489/2026 ASHOK SAHU S/O- BHAGAWAN SAHU, R/O- SOOTEA PUURANA CENTER, SOOTEA, BISWANATH DISTRICT, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE
GAHC010173062026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4489/2026
ASHOK SAHU
S/O- BHAGAWAN SAHU, R/O- SOOTEA PUURANA CENTER, SOOTEA, BISWANATH DISTRICT, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER TO THE GOVERNMENT OF
ASSAM, FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS AND
LEGAL METROLOGY DEPARTMENT, ULUBARI, GUWAHATI.
2:THE DISTRICT COMMISSIONER
BISWANATH DISTRICT
ASSAM.
3:THE ADDITIONAL DISTRICT COMMISSIONER FOOD PUBLIC
DISTRIBUTION AND CONSUMER AFFAIRS
BISWANATH
DISTRICT- BISWANATH
ASSAM.
4:THE INSPECTOR FOOD PUBLIC DISTRIBUTION AND CONSUMER
AFFAIRS
BISWANATH
DISTRICT- BISWANTH
ASSAM
For the Petitioner(s) : Mr. P. J. Dutta, Advocate For the Respondent(s) : Ms. U. Das, Addl. Sr. GA
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
03.09.2026
Heard Mr. P. J. Dutta, the learned counsel appearing on behalf of the Petitioner. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the Respondent Nos.1 to 4.
2. The Petitioner herein has approached this Court challenging the suspension of the Petitioner’s Fair Price Shop license vide the order dated 24.12.2025.
3. This Court has duly taken note of the contents of the said impugned order dated 24.12.2025 wherein it is alleged that the Petitioner had committed serious irregularities thereby contravening the provisions of Clauses 14, 18, 26 under the Assam Public Distribution of Articles Order, 1982 read with Conditions 3(a), 3(b), 4, 6, 8(1) of the License as well as Clauses 10(1), 10(4)(ii), 11(3)(i) of the Targeted Public Distribution System (Control) Order, 2015.
4. It is further relevant to take note of that on 29.01.2026, the
Petitioner was issued a Show Cause Notice. Taking into account that the proceedings is being initiated for the cancellation of the Petitioner's PDS license, it is the opinion of this Court that interference with the suspension of the Petitioner's license would not be in public interest.
5. This Court, however, enquired with the learned counsel appearing on behalf of the Petitioner as to whether the Petitioner had received the Show Cause Notice to which the learned counsel submitted that as per his instructions, the Show Cause Notice has not been received.
6. A copy of the Show Cause Notice was served upon Mr. P. J. Dutta, the learned counsel appearing on behalf of the Petitioner. The said service of the Show Cause Notice upon the learned counsel for the Petitioner shall be deemed to be a service of the Show Cause Notice upon the Petitioner and the Petitioner is granted 10 days from today to submit the reply to the said Show Cause Notice.
7. It is expected that the District Commissioner, Biswanath as well as the Licensing Authority shall bring to a logical conclusion the said show cause proceedings at the earliest taking into account the scope and ambit of Clause 15 of the Assam Public Distribution of Articles Order, 1982.
8. With the above, the instant writ petition stands closed.
9. The instructions placed by Ms. U. Das, the learned Additional Senior Government Advocate are collectively kept on record and marked with the letter 'X'.
JUDGE Comparing Assistant