Gauhati High Court
Rasheda Khatun Bibi vs The State Of Assam And 5 Ors on 23 October, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010143442022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4831/2022
RASHEDA KHATUN BIBI
W/O- WALIUL ISLAM,
VILL- CHOTO KAZIRGAON ( BOALIA PT-II),
P.O.- HAZIRHAT,
P.S.- SUKCHAR,
DIST.- SOUTH SALMARA MANKACHAR,
PIN- 783128.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
DEPARTMENT OF CO-OPERATION, DISPUR, GUWAHATI-6.
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI-22.
3:THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
HATSINGIMARI
P.O. AND P.S. HATSINGIMARI
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN- 783135.
4:THE ASSTT. DIRECTOR
FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS
HATSINGIMARI
P.O. HATSINGIMARI
DIST- SOUTH SALMARA MANKACHAR
PIN- 783135.
Page No. 2/3
5:DEPUTY COMMISSIONER
SOUTH SALMARA- MANKACHAR
P.O. AND P.S. HATSINGIMARI
PIN- 783135.
6:THE SECRETARY OF HAZIRHAT SS LTD.
VILL. BORO KAZIR GAON
P.O. HAZIRHAT
P.S. SUKCHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN- 783128
Advocate for the Petitioner : MR. L R MAZUMDER, MR. A Z AHMED
Advocate for the Respondent : SC, CO OP, MR. M HUSSAIN,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 23.10.2024 Heard Mr. A.Z. Ahmed, learned counsel for the petitioner and Mr. B.J. Talukar, learned Senior Counsel assisted by Mr. P.K. Medhi, learned counsel for the respondent nos. 4 & 5. Also heard Ms. M.D. Bora, learned Standing Counsel, Cooperation Department for the respondent no. 1, 2 & 3.
2. From the pleadings and the official documents placed by Mr. Talukdar, it transpires that a PDS retail license under the provisions of the Assam Public Distribution of Article Order, 1982 for a Fair Price Shop [FPS] dealership bearing no. HSL-23/2016/170/63 was issued in favour of the petitioner on 13.10.2018 after due enquiry for Village - Choto Kazirgaon Part-II under Hazirhat GPSS by the Assistant Director, Food Civil Supplies and Consumer Affairs. By a letter dated 16.09.2017, the Food Civil Supplies and Consumer Affairs Department, Government of Assam informed all the Deputy Commissioners that the PDS system was being digitized and going to be migrated to ePDS. It was further informed that the process of migration of the eRCMS data to the ePDS had already started and endeavours were being Page No. 3/3 made to complete the process at the earliest and as such, entry of new data might cause delay in the migration process. The Department had, thus, informed that the issue of entry of new Fair Price Shop and GPSS would come for consideration only after the migration process would be completed. Thereafter, referring to the said instruction contained in the letter dated 16.09.2017 of the Food Civil Supplies and Consumer Affairs Department, Government of Assam, the subsequent communications were made till date by various authorities without dealing with the matter as to when the FPS license of the petitioner which is valid on date, would be entered into the ePDS and/or eRCMS [Ration Card Management System]. The affidavit-in-opposition filed by the respondent no. 4 is only to the effect that the petitioner's license could not be inserted in the eRCMS portal as per the present scenario regarding implementation of One Nation One Ration Card Scheme.
3. The learned counsel for the petitioner has submitted that the original process of migration to ePDS/ERCMs has been completed long back, yet, the petitioner's license has not been converted/entered into ePDS/eRCMS till date.
4. Mr. Talukdar, who has been appeared for respondent no. 4, 5 & 6, shall obtain instructions, by the next date fixed, as to when the FPS license details of the petitioner would be converted/entered into ePDS/eRCMS.
5. List the case on 04.11.2024.
JUDGE Comparing Assistant