All Assam Fair Price Shop Dealers Association and 4 Ors. Vs the State of Assam and 2 Ors.

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GAHC010216392022

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2026:GAU-AS:6609

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

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

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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/2732011 GOVT. OF NCT OF DELHI HAVING ITS OFFICE AT DISPUR, GUWAHATI781036.

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REPRESENTED BY ITS PRESIDENT SRI DHARANIDHAR BORAH (AGE- 58 YEARS), LICENSE NO. NLS/APDAO/82/08/98/87, SON OF LATE BADAN CH. BORAH,

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

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2: HARI NARAYAN DUTTA LICENCE NO. SVSL.13/2015/36

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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.

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3: GUNJAN BORAH LICENSE NO. LAZUA/71 S/O- LATE ROTI PRASAD BORAH

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R/O- LEZAI P.O. LEZAI P.S. BORBARUAH DIST- DIBRUGARH ASSAM.

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4: RUPAS DHAM LICENSE NO. LAZUA/67

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S/O- LATE PHILIP DHAM

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R/O- METEKANI P.O.- LEZAI P.S. BORBARUAH DIST.- DIBRUGARH ASSAM PIN- 786007.

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5: LAKHESWAR DAS LICENSE NO. BSM-01/FPS/NO.1U.B./07/08 S/O- LATE NARESWAR DAS R/O- DOOMNI TEA ESTATE

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P.O.- DOOMNI P.S.- MUSHALPUR

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DIST.- BAKSA ASSAM PIN- 781373

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VERSUS

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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.

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2:THE ADDITIONAL CHIEF SECRETARY GOVERNMENT OF ASSAM FCS AND CS DEPARTMENT DISPUR GUWAHATI- 781006.

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3:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM GUWAHATI- 781005

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

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Advocate for the respondent(s): Mr. P Nayak, Addl. AG, Assam

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B E F O R E

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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13.05.2026

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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.

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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’.

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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

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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.

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

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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.

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JUDGE

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All Assam Fair Price Shop Dealers Association and 4 Ors. v. the State of Assam and 2 Ors.

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All Assam Fair Price Shop Dealers Association and 4 Ors. v. the State of Assam and 2 Ors.

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