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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SUMAN SHYAM
Patanjali Foods Limited – Appellant
Versus
State of AP – Respondent
JUDGEMENT :
1. Heard Mr. M.K. Choudhury, learned senior counsel assisted by Mr. P. Bharadwaj, learned counsel for the writ petitioners. I have also heard Mr. I. Choudhury, learned Advocate General, State of Arunachal Pradesh, assisted by Mr. S. Yrang, learned counsel appearing for the respondent nos. 1, 2 & 3. Mr. T. Tagum, learned counsel has appeared on behalf of the private respondent nos. 4 to 7.
2. By filing this writ petition, the petitioner has inter-alia assailed the Memorandum dated 25/09/2024 (signed on 28/10/2024) issued by the respondent no. 3 as well as the communication dated 08/10/2024 issued by the respondent no.2 whereby, it was intimated that the two districts, viz. Lohit and Namsai were being withdrawn from the allotment made to the petitioner under Zone-I as per the Memorandum of Understanding (MoU) dated 19/01/2022 entered by and between the parties for the purpose of Oil Palm Development in the State of Arunachal Pradesh.
3. The facts and circumstances of the case, giving rise to the filing of the present writ petition, are briefly stated herein below :-
Unilateral withdrawal from a contract without mutual consent is arbitrary and violates principles of natural justice, necessitating annulment of such actions.
Judicial review is permissible in contractual disputes involving state actions when there is arbitrary action or violation of natural justice, affirming that time is not necessarily of the essence in....
The court ruled that failure to comply with the terms of a MoU negates any enforceable rights, leading to the dismissal of the writ petition.
Judicial review is justified when administrative decisions lack transparency and fairness in adherence to established procedural guidelines.
The importance of full and fair disclosure of all material facts when invoking the court's jurisdiction, and the consequences of suppressing material facts in a writ petition.
The State Government does not have the power to review its own orders unless such power is specifically conferred by statute. The State Government cannot exercise its power of review after a long del....
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