WP(C) 6083/2010 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr. C Goswami, learned counsel appearing for the petitioner. Also heard Mr . RK Bora, learned State counsel appearing for the respondents. Aggrieved by the order dated 28.10.10 passed by the respondent No.6, the Superin tendent of Food and Civil Supplies, Mangaldai appointing respondent No.8, Md. Lo kman Ali as the Dealer (Fair Price Shop Dealer), Barjhar under Rajapukhuri Gaon Panchayat Samabai Samiti in the district of Darrang, the petitioner has approach ed this Court praying for a direction to the authority to set aside and quash th e impugned order dated 28.10.10. The case of the petitioner in brief is that the petitioner applied before the re spondent No.5, the Deputy Commissioner, Darrang, Mangaldai for issuance of retai l license of fair price shop under the Assam Public Distribution of Articles Ord er, 1982 (for short ’Order 1982’) and the said application was forwarded to the respondent No.7, the Inspector of Food and Civil Supplies and Consumer Affairs, Mangaldai for enquiry vide order dated 3.6.2010. Accordingly, the respondent No. 7 visited the place and met the local public and discussed the matter with the c onsumers of the said locality. After due enquiry, respondent No.7 submitted a re port dated 2.7.10 before the Additional Deputy Commissioner, Darrang, Mangaldai requesting therein to consider the prayer of the petitioner and to grant a retai l license for fair price shop. But the Managing Body of Rajapukhuri Gaon Pancha yat Samabai Samiti also submitted a proposal for issuance of license for fair pr ice shop in favour of respondent No.8. Being dissatisfied with the proposal of t he Managing Body of the said Gaon Panchayat, a public petition was filed by one Jabar Ali and 105 others before respondent No.6, who vide order dated 26.7.10 ag ain directed the respondent No.7 to enquire into the matter and submit the repor t. Thereafter, the respondent No.7 submitted the enquiry report dated 9.9.10 sta ting therein that to avoid any conflict/division amongst the consumers of the sa id village, the Managing Committee of the Rajapukhuri Gaon Panchayat Samabai Sam iti was asked to review the whole matter and to take a final decision on the mat ter considering all aspects of the case in the interest of tagged consumers. But the respondent No.6 without considering the said report and also without consid ering the consumers’ interest appointed the respondent No.8 as dealer of the fai r price shop as indicated hereinabove. Hence, being aggrieved, the instant writ petition with the aforesaid prayer. Mr. Bora, learned State counsel at the very outset has submitted that the instan t writ petition has been filed without exhausting the remedy available under the law. Mr. Bora has brought to the notice of the Court the order 29 of the Orders 1982 and submitted that as per order 29(1)(b), the petitioner if aggrieved by t he impugned order dated 28.10.10, he may submit an appeal before the Deputy Comm issioner and such appeal is to be preferred within 30 days from the date of rece ipt of the Order appealed against by the appellant. I have perused the provision referred to by Mr. Bora. In view of the statutory provision, I deem it fit to dispose of the petition at the motion stage itself directing the petitioner to submit an appeal before the Deputy Commissioner, as provided under the law at the earliest. Mr. Goswami, lea rned counsel for the petitioner has prayed for a week’s time to submit an appeal before the Deputy Commissioner, Darrang, Mangaldai. The Deputy Commissioner, Darrang, Mangaldai is also directed to dispose of the a ppeal of the petitioner within a period of 4 (four) weeks from the date of recei pt of the appeal to be filed. Alongwith the appeal, petitioner shall also submit a certified copy of this order before the Deputy Commissioner, Darrang, Mangald ai for doing the needful. The writ petition accordingly stands disposed of. No cost.