O R D E R

12.09.2022 Heard Mr. SK Chakma, learned counsel for the petitioner and Ms. M Barman, learned Junior Government Advocate for the respondents No. 1, 3, 4, 5 and 6 being the authorities in the Food and Civil Supplies and Consumer Affairs Department of the Government of Assam and the authorities of and under the Deputy Commissioner, Kamrup (M), Assam. None appears for the respondent No. 2 being the Union of India through the Ministry of Consumer Affairs of Government of India. Considering the nature of the order proposed to be passed, we are of the view that notice is not required to be issued to the respondent No. 6 for the present and any action that may be required to be taken against the said respondent, be done by the authority concerned by following the due procedure of law.

2. The petitioner was issued a ration card bearing No. 3859, Serial No. 107 for house No. 189, which was issued on 29.06.1998 by the authorities under the Food and Civil Supplies and Consumer Affairs of the Government of Assam. As entitled, the petitioner was given the ration benefits up to 29.11.2015 as per the said ration card. In the year 2016, another ration card was issued to the petitioner under the priority house hold category as provided under Section 3(1) of the National Food Security Act, 2013 (in short NFSA 2013). As per the said ration card issued under the NFSA 2013, the petitioner was given the necessary ration for a period of six months under the priority house hold category. But, thereafter the allegation is that the fair price shop owner of the respondent No. 7 M/s Sumitra Store through which the petitioner was given the required ration had snatched/seized the ration card of the petitioner and from that stage onwards, the petitioner is not being given the necessary ration.

3. Fair price show owners are given the appropriate licenses by the Food and Civil Supplies and Consumer Affairs Department of the Government of Assam by following a procedure of law prescribed for the purpose. But we do not find any relevant law which enables the fair price shop owners to either snatch or seize a ration card of a given consumer. If the fair price shop owners find that there is something incorrect about the ration card, it would be for the fair price shop owners to take up the matter with the higher authorities in the district administration or in the Food and Civil Suppliers and Consumer Affairs Department of the Government of Assam. But we do not find any relevant provisions of law which empowers the fair price shop owners to either snatch or seize the ration card.

4. On the aforesaid grievance, the petitioner had already made a representation dated 03.02.2022 before the Grievance Redressal Officer in the office of the Deputy Commissioner, Kamrup(M), which is annexed as Annexure-

II page 23 of the writ petition.

5. To mitigate the grievance of the petitioner in not being given the ration benefits, the Grievance Redressal Officer in the office of the Deputy Commissioner, Kamrup(M) is directed to give a consideration to the representation dated 03.02.2022 and pass a reasoned order thereon. If the Grievance Redressal Officer arrives at a conclusion that there is no legal impediment in the petitioner being given the ration benefits and that the ration card was duly issued, appropriate orders be passed to restore the legal right of the petitioner to receive the ration benefits. If on the other hand, the Grievance Redressal Officer arrives at any conclusion that there is some further process to be done in respect of the ration card of the petitioner, appropriate orders be passed and accordingly the petitioner shall cooperate with the Grievance Redressal Officer and provide any relevant material that may be required and thereupon if otherwise entitled under the law, the ration card of the petitioner be regularized and thereafter the benefits be given.

6. It has come to our notice that from the year 2016, the petitioner is not receiving the ration bene