WP(C) 5129/2011 BEFORE HON’BLE MR JUSTICE B D AGARWAL The petitioner herein is challenging the order dated 18.07.2011, issued by the S ecretary, Food and Civil Supply, Assam withholding the allotment of wheat to the petitioner’s Roller flour Mill situated at Tinsukia. Heard Mr. GN Sahewalla, learned senior counsel for t he petitioner. Also heard Mr. BJ Ghosh, learned Government counsel for the respo ndents. The learned government advocate prayed for further adjournment which is rejected. It may be noted here that repeated opportunities were given to the State government to obtain instructions and to file affidavi t, but no affidavit has so far been filed by the respondents. Mr. Sahewalla submitted that some rice bags from t he sister-concern of the petitioner namely M/S Gopiram Chetram were seized on 30 .06.2011 on the allegation that the rice bags belongs to Food Corporation of Ind ia (FCI) and were purchased/ procured by the said firm illegally. Mr. Sahewalla further submitted that on the basis of the said seizure, the Deputy Commissione r recommended to the Government to stop allotment of PDS wheat to M/S Iswar Food Products on the ground that the owner of M/S Gopiram Chetram is also a partner in the Roller Flour Mill. According to the learned counsel, M/S Iswar Food P roducts (P) Ltd. is a company and the owner of M/S Gopiram Chetram is only a sh areholder in the aforesaid company and not a partner. The learned counsel also s ubmitted that even if a partner faces a criminal or civil case, the other sister -concern firm cannot be subjected to any punitive action. The learned counsel al so submitted that the impugned order was also passed without giving any show-cau se notice and the order appears to have been passed at the behest of some vested persons. In addition to the aforesaid submissions, the learned counsel for the petitioner submitted that in the meanwhile, the district author ity has already released the rice bags seized from M/s Gopiram Chetram since, th e FCI, Tinsukia certified that the rice bags do not belong to them. The learned counsel for the petitioner also submitted that in the meanwhile, the office of t he Deputy Commissioner has also informed the State that there is no objection to allot PDS wheat to M/s Iswar Food Products vide letter dated 24.10.2011. In the case of Santok Singh-vs- Divisional Engineer, Teleco m, AIR 1990 Gauhati 47 this Court has held that another telephone line of the sa me subscriber cannot be dis-connected for any default made by the subscriber aga inst another telephone. In my considered opinion, the ratio of the aforesaid dec ision is equally applicable in the present case. Similar view has been taken by the Andhra Pradesh High Court in th e case of Prithivi Kumar -Vs- General Manager, Telecom AIR 1993 AP 131. In this case, His Lordship has held that dis-connection of telephone of the son for def ault made by his mother against another connection of telephone is infringement of fundamental rights under Article 14 of the Constitution of India. In the present case also, liability of M/s Gopinath C hetram cannot be linked with M/S Iswar food Products (P) Ltd., which is altoget her a different identity. This recourse could have been taken had there been any undertaking by the Board of M/S Iswar Food Products (P) Ltd., which is not the case. For the foregoing reasons, I hold that the impugned order is t otally illegal and accordingly, the same is hereby set aside . The respondents a re directed to release allotment of wheat as per the scheme. The learned counsel for the petitioner insisted that the allotment of wheat should be released from the month of August, 2011. However, in the writ proceeding, I refrain from givi ng such retrospective relief . In other words, the respondents are directed to r elease the wheat from the month of November, 2011. However, liberty is given to the petitioner to approach the Civil court for the loss suffered by them for the previous months, if so advised. With the aforesaid directions, this writ petition stands allowed and disposed of.