Ziabur Rahman Vs the State of Assam and 3 Ors.

THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-06

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

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3:THE DISTRICT COMMISSIONER MORIGAON DISTRICT- MORIGAON ASSAM

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4:THE ASSISTANT DIRECTOR

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FOOD AND PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS MORIGAON ASSA

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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Advocate for the petitioner (s) : Mr. J. M. A. Choudhury, Advocate Advocate for the respondent (s) : Ms. U. Das,

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Addl. Sr. Govt. Advocate

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Date on which judgment is reserved : NA Date of pronouncement of judgment : 06.11.2025

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Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been Pronounced? : Yes

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JUDGMENT AND ORDER (ORAL)

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Heard Mr. J. M. A. Choudhury, the learned counsel appearing on behalf of the petitioner and Ms. U. Das, the learned Additional Senior Government Advocate who appears on behalf of the respondents.

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The petitioner herein has assailed the enquiry report dated 03.12.2022 as well as the order of cancellation of the petitioner's Fair Price Shop dated 22.01.2024 issued by the Assistant Director, Food and Public Distribution and Consumer Affairs, Morigaon.

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From the enquiry report, it is seen that upon inspection being carried out, it was found that the petitioner was not operating his Fair Price Shop, and instead, he was supplying the PDS commodity to his consumers through the nearby Fair Price Shop of one Harmuz Ali.

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This Court by an order dated 03.11.2025, enquired with the

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learned counsel for the petitioner as to how the petitioner can allow the lifted PDS commodity which was assigned to his shop to be distributed through another Fair Price Shop. In that regard, an affidavit has been filed by the petitioner today. However, the said affidavit does not clearly state as regards the lifting of the PDS commodity for the month of October, 2025 and thereby allowing the said PDS commodity being allowed to be distributed through another Fair Price Shop.

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From the materials on record, it therefore appears that there are various disputed questions of facts as to whether the petitioner actually lifted the PDS commodity for the month of October, 2025 and permitted the distribution of such PDS commodity through another Fair Price Shop.

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While taking up the matter, it has been duly informed to this Court that an Appeal lies against an order of cancellation under Clause 29(1) of the Assam Public Distribution of Articles Order, 1982 and the petitioner would like to avail such appellate remedy where various disputed questions of facts can be dealt with.

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Taking into account the above, this Court therefore closes the instant writ petition in view of the said submission made by the learned counsel for the petitioner thereby permitting the petitioner to file an Appeal against the order dated 22.01.2024 which has been impugned in the instant proceedings before the Appellate

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Forum, and if such Appeal is filed within a period of 30 days from today, the Appellate Authority shall decide the same on merits without raising the issue of limitation.

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Accordingly, the instant writ petition stands disposed of.

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JUDGE

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Ziabur Rahman v. the State of Assam and 3 Ors.

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Ziabur Rahman v. the State of Assam and 3 Ors.

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