Gauhati High Court

WP(C)/2324/2026 of MD. IFTIKAR HUSSAIN PATHAN Vs THE STATE OF ASSAM AND 4 ORS on 5 May 2026

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GAHC010084872026 2026:GAU-AS:6198 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2324/2026 MD. IFTIKAR HUSSAIN PATHAN S/O FAKAR UDDIN PATHAN, R/O VILLAGE- JAMUGURI, PO- ALITANGANI, PS- JURIA, DISTRICT- NAGAON, ASSAM, PIN- 782124, MOBILE-

GAHC010084872026

2026:GAU-AS:6198

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2324/2026

MD. IFTIKAR HUSSAIN PATHAN

S/O FAKAR UDDIN PATHAN, R/O VILLAGE- JAMUGURI, PO- ALITANGANI, PS- JURIA, DISTRICT- NAGAON, ASSAM, PIN- 782124, MOBILE- 6001147283

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT.

OF ASSAM, FOOD, PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS

DEPARTMENT, DISPUR, GUWAHATI, ASSAM, PIN- 781006

2:THE DISTRICT COMMISSIONER

NAGAON

PO AND PS NAGAON

DISTRICT- NAGAON (ASSAM)

PIN 782001

3:THE ADDL. DISTRICT COMMISSIONER

NAGAON

I/C

FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS

PO AND PS NAGAON

DISTRICT- NAGAON

ASSAM

PIN- 782001

4:THE DEPUTY DIRECTOR

FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS

NAGAON

PO AND PS NAGAON

DISTRICT- NAGAON

ASSAM

PIN- 782001

5:JAHIRUL ISLAM

S/O SURUZ ALI

R/O VILLAGE- JAMUGURI

PO- ALITANGANI

PS- JURIA

DISTRICT- NAGAON

ASSAM

PIN- 78212

For the Petitioner(s) : Mr. M. K. Hussain, Advocate For the Respondent(s) : Mr. K. Gogoi, Addl. Sr. GA, Assam BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 06.05.2026

Mr. M. K. Hussain, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the Respondent Nos. 1 to 4.

2. The Petitioner herein has approached this Court by filing the present writ petition on the ground of non-consideration of the representation submitted by the various alleged beneficiaries of the Fair Price Shop of the Respondent No.5 dated 29.11.2025.

3. It is relevant to take note of that the license of the Respondent No.5 was suspended vide an order dated

11.09.2025. Thereupon, the said suspension was withdrawn vide an order dated 14.10.2025 with a strict warning not to repeat the circumstances which led to the suspension and if such repetition is there, action for cancellation of the license would be taken.

4. It is further seen that the representation which was filed by the various alleged beneficiaries of the Fair Price Shop of the Respondent No.5 sought for revival of the order dated 11.09.2025 and cancellation of the order dated 14.10.2025. However, a perusal of the said representation reveals that there is not a single allegation made against the Respondent No.5 that he had taken any steps contrary to the directions so passed in the order dated 14.10.2025.

5. Considering the above, this Court does not find the present case to be a fit case for being entertained under Article 226 of the Constitution.

6. Accordingly, the instant writ petition stands dismissed.

7. Before parting with the records, this Court however observes that the dismissal of the writ petition shall not preclude the alleged beneficiaries of the Fair Price Shop of the Respondent No.5 to submit a representation, if in the circumstance, the Respondent No.5 takes any steps contrary to the order dated 14.10.2025.

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