Gauhati High Court
Gotabari Khopatia Gaon Panchayat ... vs The State Of Assam And 4 Ors on 12 November, 2020
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010161122019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4895/2019
GOTABARI KHOPATIA GAON PANCHAYAT SAMABAY SAMITY LTD.
VILL- ISLAMPUR, P.O- HAJIRHAT, P.S- SUKCHAR, DIST- SOUTH SALMARA
MANKACHAR, ASSAM, REP. BY ITS SECRETARY ZAKIR ALOM SHAH, S/O-
ABDUL SALAM SHAH, R/O- VILL- BORO BAGJHOPA, P.O- HAZIRHAT, P.S-
SUKCHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
THROUGH THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, FOOD,
CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT, DISPUR, GUWAHATI-
781006
2:THE DIRECTOR
3:THE DEPUTY COMMISSIONER
4:THE ASSTT DIRECTOR
5:THE SUB INSPECTO
Advocate for the Petitioner : MR. R MAJUMDAR
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 12.11.2020 Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned Govt. Advocate appearing for the respondents.
By this writ petition filed under Article 226 of the Constitution of India, the case projected by the petitioner is that despite granting the petitioner society PDS Sub-Wholesale/ Dealer/ Retail license No.HSL-13/2015/385/SW-1 on 30.10.2018 by the Assistant Director, Food, Civil Supplies & Consumer Affairs, Hatsingimari, no PDS items have been issued to the petitioner society for distribution.
Although, notice of motion was issued by order dated 31.07.2019, but the respondents have not filed their affidavit-in-opposition in the matter.
It is seen that the petitioner had earlier approached this Court by filing WP(C) 3647/2015, seeking a direction for issuance of license for selling PDS items and this Court by order dated 13.09.2018, disposed of the said writ petition with a direction that the SDO (Civil), South Salmara, Mankachar should consider the application of the petitioner and if he finds that the same meets all the requirements as per the rules applicable, licence would be issued to the petitioner within a period of 2 (two) months from the date of receipt of certified copy of the order. It is seen that only thereafter, the PDS licence to the petitioner was issued under the Assam Public Distribution of Articles Order, 1982. Accordingly, the non-allotment of PDS items despite grant of license dated 30.10.2018 does not appear to be a sustainable act on part of the Food, Civil Supplies & Consumer Affairs Department of the State.
Moreover, as the respondents have not filed their affidavit-in-opposition, by invoking the doctrine of non-traverse, the statements made in the writ petition appears to be admitted by the respondents. Therefore, the Court is inclined to direct the Director, Food, Civil Supplies & Consumer Affairs Department, Assam to pass appropriate orders in consultation with the Deputy Commissioner, South Salmara, Mankachar, Hatsingimari for allotment of PDS articles and to allocate PDS consumers to the petitioner. The said exercise shall be completed within a Page No.# 3/3 period not exceeding 4 (four) months from the date of receipt of certified copy of the order.
With the aforesaid direction, this writ petition stands disposed of.
JUDGE Comparing Assistant