GUWAHATI, India, Jan. 12 -- Gauhati High Court issued the following order on Dec. 11:

1. Heard Mr. M. H. Ahmed, the learned counsel appearing on behalf of the Petitioners and Mr. K. Gogoi, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1, 6 and 7. I have also heard Mr. S. K. Talukdar, the learned Standing counsel appearing on behalf of the Respondent Nos. 2, 3, 4 and 5.

2. The present writ petition has been filed by the Petitioners seeking a writ in the nature of certiorari for quashing the Indent/Endorsement dated 19.10.2025 issued by the District Commissioner, Morigaon to the Area Manager/Assistant District Manager, FCI whereby the rice under PMGKAY for the month of December, 2025 of the beneficiaries of the Petitioners have been allotted to Lochanabori S.S. Ltd. and tagged with Moirabari S.S. Ltd. The Petitioners herein also seek for a direction that they should be permitted to lift the PDS articles including PMGKAY rice allotted for December, 2025 under AAY and PHH quota directly from FCI Godown, Nagaon and to continue lifting directly from FCI, Nagaon and distribution amongst the beneficiaries as was done earlier.

3. This Court upon filing of the instant writ petition issued notice on 05.12.2025 making it returnable today.

4. An instruction dated 11.12.2025 has been placed before this Court by Mr. K. Gogoi, the learned Additional Senior Government Advocate issued by the Assistant Commissioner & Assistant Director, In-charge FPD&CA, Morigaon wherein it is categorically mentioned that the PDS commodities for the month of December, 2025 was accordingly distributed by the Moirabari GPSS amongst the FPS dealers of the erstwhile Lochanbori GPSS through the doorstep delivery process. It is further mentioned that the Petitioners have received the commodities both physically and through electronically (Supply Chain Management System). It is also mentioned that the FPS dealers have distributed the commodities to their beneficiaries. It is also seen from the said instruction that as per the approved procedure, PDS commodities are distributed to the FPS dealers through doorstep delivery system and in case the license of any GPSS is suspended or cancelled, the FPS dealers under that particular GPSS is tagged with another running GPSS and the new GPSS takes responsibility of distribution of the commodities amongst those FPS dealers. The said instruction dated 11.12.2025 is kept on record and marked with the letter "X".

5. Taking into account the said stand and the Petitioners have already received their quantity for the month of December, 2025, therefore, there is no cause of action in challenging the indent/endorsement dated 19.10.2025 issued by the District Commissioner, Morigaon.

6. The next question which arises as to whether the Petitioners herein can be permitted to lift all the PDS articles including the PMGKAY rice allotted under AAY and PHH quota directly from the FCI Godown, Nagaon.

7. This Court has duly taken note of the Targeted Public Distribution System (Control) Order, 2015 (for short 'the Order of 2015') and more particularly to Clause 2(g) which defines the term "Authorized Agency" to mean the concerned Department of the State Government or a body corporate or a company owned by it or a co-operative. A further perusal of Clause 7(1) of the Order of 2015 would show that the State Government shall lift the foodgrains from the designate depots of the Corporation through its authorized agency. Under no circumstances, the Petitioners who are Fair Price Shop dealers can be said to come within the definition of Section 2(g) of the Order of 2015 and as such, the Petitioners cannot be permitted to lift the foodgrains in terms with Clause 7(1) of the Order of 2015.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7u8534WaKDNOarPX25HT8Vi8ZrWXy5ugcxrPF53GRNg&caseno=WP(C)/6874/2025&cCode=1&cino=GAHC010264872025&state_code=6&appFlag=)

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