ORDER

29-10-2018 Heard Mr. J. Ahmed, learned counsel for the petitioners. Also heard Ms. D. Das Barman, learned Government Advocate appearing for the respondent Nos. 1 to 4.

Perused the office note dated 28.04.2016 and 01.10.2018.

Registry has received back the A/D card after service of notice on the respondent No.6.

But neither the A/D card nor the unserved notice has been received back by the Registry from the respondent No.7 though fresh notice to the said respondent was issued on

28.04.2016.

Hence service of notice on said respondent No.7 is deemed to be complete.

Petitioners herein are agent/dealers of Fair Price Shops bearing License No. BSL-

12/93/156 and No. BSM.19/2001/Pt/337 at village Suapata, Part-IV under Kazaikata villege Gram Panchyat Samabai Samittee Limited in the district of Dhubri.

The petitioners herein apprehending that the State respondents shall issue and appoint new dealership agencies by curtailing the consumers from the shop of the petitioners with coverage area, approached this court for necessary direction to the respondents that they may be restrained from curtailing such consumers from their shops without following the national norms and the law laid down by this Court in WP(C) No.3110/2000 (All Assam Fair Price Dealers Association Vs. State of Assam and 4 others).

The respondent Superintendent of Food and Civil Supplies and Consumer Affairs, Bilasipara Sub Division has filed an affidavit in the matter on 14.06.2016 specifying that the authority concerned have not taken any step for curtailing of population from the petitioners’ Fair Price Shops by establishing new Fair Price Shops in that locality. In the said affidavit the said respondent also clarified that though Licenses have been granted to 2(two) new Fair Price Shops in the locality that had been set up for the public interest as well as for smooth functioning of the PDS network in terms of the Government guidelines.

Petitioners’ Fair Price Shops as well as the new Fair Price Shops established in the area have more than 1000 population per shop in terms of the implementation of the NFSA13 wherein the unit system is no longer is considered as can be seen from the said affidavit. As the 1000 population per Fair Price Shop in village Suapata, Part-IV has not been curtailed from the petitioners’ Fair Price Shops as reflected by the affidavit of the respondent Superintendent of Food and Civil Supplies and Consumer Affairs, Bilasipara Sub Division filed on 14.06.2016 that remained uncontroverted by the petitioners, this writ petition being infructuous stands dismissed.

Interim order passed earlier on 17.02.2016 stands vacated.

However, the petitioners may approach the appropriate authority, if the concerned authority curtails the consumers of their Fair Price Shops without following the proper procedure and minimum norms with regard to the establishment of Fair Price Shops laid down by the authorities of the State as well as Central Government in the Food and Civil Supplies Department.

JUDGE Comparing Assistant