Gauhati High Court

WP(C)/6880/2022 of ALL ASSAM FAIR PRICE SHOP DEALERS ASSOCIATION AND 4 ORS Vs THE STATE OF ASSAM AND 2 ORS on 12 May 2026

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GAHC010216392022 2026:GAU-AS:6609 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6880/2022 ALL ASSAM FAIR PRICE SHOP DEALERS ASSOCIATION AND 4 ORS AN ASSOCIATION AFFILIATED BY ALL INDIA FAIR PRICE SHOP DEALERS FEDERATION BEARING

GAHC010216392022

2026:GAU-AS:6609

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6880/2022

ALL ASSAM FAIR PRICE SHOP DEALERS ASSOCIATION AND 4 ORS

AN ASSOCIATION AFFILIATED BY ALL INDIA FAIR PRICE SHOP DEALERS

FEDERATION BEARING REGISTRATION NO. DISTRICT EAST/SOCIETY/273- 2011 GOVT. OF NCT OF DELHI HAVING ITS OFFICE AT DISPUR, GUWAHATI-

781036.

REPRESENTED BY ITS PRESIDENT SRI DHARANIDHAR BORAH (AGE- 58

YEARS), LICENSE NO. NLS/APDAO/82/08/98/87, SON OF LATE BADAN CH.

BORAH,

R/O- KAMALPUR, P.O. PATHALIPAM, LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM.

2: HARI NARAYAN DUTTA

LICENCE NO. SVSL.13/2015/36

S/O- LATE PADMA KANTA DUTTA

GENERAL SECRETARY OF ALL ASSAM FAIR PRICE SHOP DEALERS

ASSOCIATION

R/O- A.T. ROAD

WARD NO. 13

P.O. AND DIST.- SIVASAGAR

ASSAM.

3: GUNJAN BORAH

LICENSE NO. LAZUA/71

S/O- LATE ROTI PRASAD BORAH

R/O- LEZAI

P.O. LEZAI

P.S. BORBARUAH

DIST- DIBRUGARH

ASSAM.

4: RUPAS DHAM

LICENSE NO. LAZUA/67

S/O- LATE PHILIP DHAM

R/O- METEKANI

P.O.- LEZAI

P.S. BORBARUAH

DIST.- DIBRUGARH

ASSAM

PIN- 786007.

5: LAKHESWAR DAS

LICENSE NO. BSM-01/FPS/NO.1U.B./07/08

S/O- LATE NARESWAR DAS

R/O- DOOMNI TEA ESTATE

P.O.- DOOMNI

P.S.- MUSHALPUR

DIST.- BAKSA

ASSAM

PIN- 781373

VERSUS

THE STATE OF ASSAM AND 2 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM,

FCS AND CA DEPARTMENT, DISPUR, GUWAHATI- 781006.

2:THE ADDITIONAL CHIEF SECRETARY

GOVERNMENT OF ASSAM

FCS AND CS DEPARTMENT

DISPUR

GUWAHATI- 781006.

3:THE DIRECTOR

FOOD

CIVIL SUPPLIES AND CONSUMER AFFAIRS

ASSAM

GUWAHATI- 781005

Advocate for the applicant(s): Mr. NK Kalita

Advocate for the respondent(s): Mr. P Nayak, Addl. AG, Assam B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

13.05.2026

Heard Mr. NK Kalita, the learned counsel appearing on behalf of the petitioners. I have also heard Mr. P Nayak, the learned Addl.AG, Assam.

2. By the present writ petition, the petitioners have assailed the decision dated 10.08.2022 and the communication dated 28.09.2022 whereby a decision was taken to issue Fair Price Shop License to the Management of the Tea Garden. Although various issues have been raised in the instant proceedings, but it is relevant to take note of that in pursuance to an order passed by this Court dated 06.03.2026, Mr. P Nayak, the learned Addl. AG, Assam has placed before this Court an instruction dated 06.04.2026 issued by the Secretary to the Govt. of Assam, Food, Public Distribution & Consumer Affairs Department, wherein it is categorically mentioned that although an initiative was taken for issuance of Fair Price Shop License to the Tea Garden Management to facilitate distribution of food grains under the NFSA to the existing Tea Garden workers through Garden Management, but no action to execute the same has been taken on that matter since 2022 till date. The said instruction is kept on record and marked with the letter ‘X’.

3. Mr. NK Kalita, the learned counsel appearing on behalf of the petitioners submits that taking into account that no action has been taken by the respondent authorities since 2022, the petitioners would not like to pursue the present proceedings. However, liberty may be granted to the petitioners, in the circumstance, any decision is again taken for issuance of Fair Price Shop License to the Tea Garden Management.

4. Taking into account the above, the instant writ petition stands closed.

5. Liberty, however, is granted to the petitioners to approach this Court again in the circumstance, any step is taken again for issuance of the Fair Price Shop License to the Tea Garden Management, if so advised. JUDGE Comparing Assistant

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