2022 Supreme(Online)(GAU) 18
GAHC010009112022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/139/2022 THE STATE OF ASSAMAND 4 ORS.
REPRESENTED BY PRINCIPAL SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI - 781006.
2: THE COMMISSIONER AND SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006. 3: THE SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006.
4: THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI - 781005.
5: THE DEPUTY COMMISSIONER NAGAON DISTRICT - NAGAON PIN - 782001 VERSUS BARAPUJIA SAMABAI SAMITY LTD AND 27 ORS REPRESENTED BY ITS CHAIRMAN, SRI PHAIN CHANDRA DEKARAJA, AGED ABOUT 55 YEARS, SON OF LATE LUTUBOR DEKARAJA, RESIDENT OF VILLAGE ND P.O.- BARAPUJIA, P.S. ROHA, DISTRICT - NAGAON, ASSAM, PIN - 782103
2:M/S DAGAON ALITANGANI S.S. LTD.
REPRESENTED BY ITS CHAIRMAN MD. ROFIQUL ISLAM AGED ABOUT 45 YEARS SON OF HAZARAT ALI RESIDENT OF VILLAGE - DHINGGAON P.O. DAGAON P.S. JURIA DISTRICT - NAGAON ASSAM PIN - 782124
3:DUARBAGORI C.S. LTD.
REPRESENTED BY ITS CHAIRMAN SRI BHUPEN RAJKHOWA AGED ABOUT 50 YEARS R/O BAGHMARI P.O. KUTHARI MAUZA - DUARBAGORI P.S. JAKHALABANDHA DISTRICT - NAGAON ASSAM PIN-782136
4:JURIA S.S. LTD.
REPRESENTED BY ITS SECRETARY MD. MOZAHERUL ISLAM AGED ABOUT 48 YEARS R/O VILLAGE- BAGURIGURI P.O. AND P.S.- JURIA PIN-782124 DISTRICT - NAGAON
5:BALIKOTIA S.S. LTD.
REPRESENTED BY ITS CHAIRMAN SADIQUL ISLAM AGED ABOUT 35 YEARS R/O VILLAGE- BALIKOTIA P.O. BALIKOTIA P.S. JURIA DISTRICT - NAGAON ASSAM PIN-782122
6:RAHA S.S. LTD.
REPRESENTED BY ITS CHAIRMAN DHAN MUDOI AGED ABOUT 42 YEARS SON OF LATE GOLAP MUDOI R/O VILLAGE-RAHA TOWN WARD NO. 03 P.O. RAHA P.S. RAHA DISTRICT - NAGAON ASSAM PIN - 782103
7:KHATOWAL (L) S.S. LTD.
REPRESENTED BY THE SECRETARY ABUL KHSHEM AGED ABOUT 40 YEARS R/O VILLAGE AND P.O. UTTAR KHATOWAL P.S. RUPAHIHAT PIN - 782128 DISTRICT - NAGAON ASSAM.
8:JARABARI S.S. LTD.
REPRESENTED BY ITS SECRETARY RUHIT CHANDRA PATAR AGED ABOUT 53 YEARS R/O VILLAGE - BAJBATOMARI P.O. BAJBATOMARI P.S. KAMPUR DISTRICT OF NAGAON PIN - 782425
9:CHATIAL S.S. LTD.
REPRESENTED BY ITS SECRETARY MAHESH CHOUHAN AGED ABOUT 54 YEARS R/O VILLAGE- GARUBANDHA P.O. JAKHALABANDHA MAUZA - CHATIAL P.S. JAKHALABANDHA PIN-782136 DISTRICT - NAGAON ASSAM
10:PACHIM PUBTHARIA S.S. LTD.
REPRESENTED BY THE PRESIDENT RAMJAN ALI AGED ABOUT 49 YEARS SON OF MD. SALIMUDDIN R/O VILLAGE- NALTOLI P.O. BHOMORAGURI P.S. ULUWANI DISTRICT - NAGAON PIN-782143
11:BHOLAGURI SATRA S.S. LTD.
REPRESENTED BY ITS CHAIRMAN SRI MONTU BORUAH AGED ABOUT 39 YEARS R/O VILLAGE AND P.O.-PUBTHARIA P.S. KALIABOR PIN-782137 DISTRICT - NAGAON ASSAM
12:DOAR SALONAH S.S. LTD.
REPRESENTED BY THE CHAIRMAN RAMBILAS JANTI AGED ABOUT 41 YEARS R/O VILLAGE SALONAH P.O. SALONAH PIN - 782139 DISTRICT - NAGAON
13:M/S LETERIPAR S.S. LTD.
REPRESENTED BY THE CHAIRMAN ABDUL BARI AGED ABOUT 38 YEARS S/O LT. ABAL HUSSAIN R/O VILLAGE- JOHAJAN P.O. LETERIPAR BAZAR P.S. JURIA PIN - 782124 DISTRICT - NAGAON ASSAM
14:AMBAGAN S.S. LTD.
REPRESENTED BY THE CHAIRMAN SRI DIPAK BISWAS AGED ABOUT 39 YEARS SON OF LATE JNANENDRA BISWAS R/O VILLAGE- PACHIM SOALONI P.O. AMBAGAN P.S. RUPAHIHAT PIN - 782120 DISTRICT - NAGAON ASSAM
15:LAWKHAWA S.S. LTD.
REPRESENTED BY THE SECRETARY ABUL HUSSAIN AGED ABOUT 55 YEARS SON OF LATE ABDUR RAHMAN R/O VILLAGE- PACHIM SINGIMARI P.O. SINGIMARI P.S. RUPAHIHAT PIN - 782125 DISTRICT - NAGAON ASSAM.
16:KATAHGURI SAMABY SAMITY LTD.
REPRESENTED BY THE CHAIRMAN MD. SHAHIDUL ISLAM AGED ABOUT 50 YEARS SON OF LT. MD. ABDUL MAZID VILLAGE AND P.O. TUKTUKI P.S. DHAING DISTRICT - NAGAON PIN - 782123.
17:BECHAMARI SAMABAI SAMITY LTD.
REPRESENTED BY THE CHAIRMAN MD. ASNAD ULLAH AGED ABOUT 39 YEARS SON OF LATE AMJAT ALI R/O VILLAGE- BECHAMARI P.O. BECHAMARI P.S. DHING DISTRICT - NAGAON ASSAM PIN - 782123
18:M/S KACHAMARI S.S. LTD.
REPRESENTED BY THE CHAIRMAN SRI HARICHARAN DEKA AGED ABOUT 49 YEARS R/O VILLAGE- SIMALUGURI P.O. KACHAMARI P.S. SADAR PIN - 782002 DISTRICT - NAGAON ASSAM.
19:BATADRAVA S.S.S. LTD.
REPRESENTED BY THE CHAIRMAN RAFIQUL ISLAM AGED ABOUT 44 YEARS R/O VILLAGE- RAMPUR SATRA P.O. KUDAMONI P.S. BATADRAVA PIN - 782122 DISTRICT - NAGAON ASSAM.
20:RAIDONGIA S.S. LTD.
REPRESENTED BY THE CHAIRMAN JITEN SAIKIA AGED ABOUT 46 YEARS R/O VILLAGE- RAIDONGIA P.O. AIBHETI P.S. JAJORI PIN - 782002 DISTRICT - NAGAON
21:RUPAHI S.S. LTD.
REPRESENTED BY THE SECRETARY MD. NASIRUDDIN AGED ABOUT 42 YEARS R/O VILLAGE- RUPAHI P.O. RUPAHI PIN - 782125 PIN - 782125 DISTRICT - NAGAON ASSAM.
22:DIPHALU S.S. LTD.
REPRESENTED BY THE SECRETARY SRI SURAJIT SAIKIA AGED ABOUT 50 YEARS R/O VILLAGE- DIFOLU P.O. HACHALI PIN - 782003 DISTRICT - NAGAON ASSAM
23:BORBHAGIN S.S. LTD.
REPRESENTED BY THE CHAIRMAN KAMLA KANTA HAZARIKA AGED ABOUT 47 YEARS R/O VILLAGE- OWEGURI P.O. BENGNATI ULLWANI (KALIABOR) PIN - 782138 DISTRICT - NAGAON ASSAM.
24:MOWAMARI GPSS LTD.
REPRESENTED BY THE CHAIRMAN NAJRUL ISLAM AGED ABOUT 53 YEARS R/O VILLAGE- MOWAMARI P.O. MOWAMARI PIN - 7882140 DISTRICT - NAGAON ASSAM.
25:DHUPAGURI S.S. LTD.
REPRESENTED BY THE SECRETARY MIRAZ ALI AGED ABOUT 55 YEARS R/O VILLAGE- DHUPAGURI P.O. DHUPAGURI PIN - 78212 DISTRICT - NAGAON ASSAM.
26:CHAPANALLA S.S. LTD.
REPRESENTED BY THE CHAIRMAN GAKUL NAYAK AGED ABOUT 48 YEARS R/O VILLAGE- HABI BOSTI P.O. CHAPANALLA PIN - 782135 DISTRICT - NAGAON ASSAM
27:BISHNUPUR S.S. LTD.
REPRESENTED BY THE CHAIRMAN SHEKH ABDULLAH AGED ABOUT 51 YEARS R/O VILLAGE- CHANKHULA P.O. KACHUA P.S. KACHUA PIN - 782426 DISTRICT - NAGAON ASSAM.
28:SAIDARIA S. S. LTD.
REPRESENTED BY ITS CHAIRMAN ANUWAR UDDIN AHMED AGED ABOUT 40 YEARS P.O.-SAIDARIA P.S.-RUPAHI HAT PIN - 782125 DISTRICT - NAGAON Advocate for the Petitioner : GA, ASSAM Advocate for the Respondent : MR B KAUSHIK Linked Case : WP(C)/4268/2021 BARALIMARI S S LTD AND 20 ORS REPRESENTED BY ITS CHAIRMAN SRI JIBAN CHANDRA BORA AGED ABOUT 57 YEARS VILLAGE - GERUA P.O. GERUA GAON P.S.
BURHAGAON DISTRICT - MORIGAON PIN - 782121 ASSAM.
2: BURA BURI S.S. LTD REPRESENTED BY ITS CHAIRMAN MD.
ABDUL KHALEQUE AGED ABOUT-57 YEARS VILLAGE AND P.O. KURANIBORI P.S. MAYONG DISTRICT - MORIGAON PIN - 782411 ASSAM.
3: JAGIROAD S.S. LTD.
REPRESENTED BY ITS CHAIRMAN SRI RANJIT KR. DEY AGED ABOUT 55 YEARS NEAR RAILWAY GATE JAGIROAD P.O. JAGIROAD DISTRICT MORIGAON PIN - 782410
4: JAGIBHAKATGAON S.S. LTD.
REPRESENTED BY ITS CHAIRMAN SRI RAJIB KR. MEDHI AGED ABOUT 35 YEARS MORIGAON DIST- MORIGAON PIN-
782105 ASSAM.
5: BAGHJAP S.S. LTD.
REPRESENTED BY ITS CHAIRMAN BRAJA NATH DEKA AGED ABOUT 45 YEARS VILLAGE- BAGHJAP P.O. JAGI BHAGATGAON P.S. JAGIROAD DIST.
MORIGAON PIN - 782411 ASSAM.
6: GAGALMARI S.S. LTD.
REPRESENTED BY ITS CHAIRMAN AKSAR ALI AGED ABOUT 43 YEARS VILLAGE- FALIAMARI HABI P.O- SANDAKHAITI P.S- MAYONG DIST- MORIGAON PIN - 782121 ASSAM.
7: M/S MAYONG KAMARPUR S.S. LTD REPRESENTED BY ITS CHAIRMAN LASKHMAN SAIKIA AGED ABOUT 44 YEARS VILLAGE - RAJA MAYONG P.O. AND P.S. MAYONG DISTRICT - MORIGAON PIN - 782411
8: MOIRABARI S.S. LTD.
REPRESENTED BY ITS CHAIRMAN MD. FAKARUDDIN AGED ABOUT YEARS VILLAGE - BELUGURI P.O.
MOIRABART P.S. AND DISTRICT - MORIGAON PIN - 782126 ASSAM
9: LOCHANBARI S. S. LTD REPRESENTED BY ITS SECRETARY MD. RUFUL AMIN AGED ABOUT 37 YEARS VILLAGE DOORABANDHI BEEL P.O. SUGUNBAHI P.S. AND DISTRICT MORIGAON PIN - 782126 ASSAM
10: LAHARIGHAT S.S. LTD REPRESENTED BY ITS CHAIRMAN SAHIDUL ISLAM AGED ABOUT 55 YEARS MORIGAON DIST- MORIGAON PIN - 782105 ASSAM
11: KUSHTOLI S. S. LTD REPRESENTED BY ITS SECREATARY SRI HOMEN BORDOLOI AGED ABOUT 37 YEARS VILLAGE- KUSHTOLI P.O. KUSHTOLI P.S. AND DISTRICT MORIGAON PIN - 782105 ASSAM
12: NAGABANDHA S.S. LTD REPRESENTED BY ITS SECRETARY GIAS UDDIN AGED ABOUT 38 YEARS VILLAGE AND P.O.- BOROIMARL P.S- LAHARIGHAT DIST- MORIGAON PIN - 782104 ASSAM
13: BAGHORA G.P.S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI KHAGEN BORDOLOI AGED ABOUT 57 YEARS VILLAGE 2 NO. GUNAMARA P.O. AZARBARI P.S. DHARAMTUL DISTRICT - MORIGAON PIN - 782105 ASSAM.
14: BARANGABARI S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI INDRESWAR BORA AGED ABOUT 48 YEARS VILLAGE- BARANGABARI P.O. KOMORAGURI P.S. AND DIST- MORIGAON PIN - 782105 ASSAM
15: BHURBANDHA S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI KHITESWAR BORA AGED ABOUT 55 YEARS VILLAGE- BAKORIGAON P.O. BHUBANDHA P.S. AND DISTRICT MORIGAON PIN -
782104 ASSAM
16: SILPUKHURI S.S. LTD.
REPRESENTED BY ITS CHAIRMAN J HUSSAIN AGED ABOUT 38 YEARS VILLAGE AND P.O-
SLIPUKHURI P.S. MIKIRBHETA DIST-
MORIGAON PIN - 782123 ASSAM.
17: HABI BARANGABARI S.S. LTD.
REPRESENTED BY ITS CHAIRMAN SRI BUBUL CH. NATH AGED ABOUT 53 YEARS VILLAGE AND P.O. HABIBARANGABARI P.S.
MIKIRBHETA DISTRICT - MORIGAON PIN - 782106 ASSAM.
18: JALUGUTI S.S. LTD.
REPRESENTED BY ITS CHAIRMAN MD.
JULHASH ALI AGED ABOUT 56 YEARS VILLAGE AND P.O. TAKUNABARI P.S.
MIKIRBHETA DISTRICT - MORIGAON PIN -
782104
19: GHAGUA MANIPUR S.S. LTD.
REPRESENTED BY ITS CHAIRMAN SRI BRAJEN DAS AGED ABOUT 58 YEARS VILLAGE - OUJAROBORO P.O. MANIPUR P.S.
AND DISTRICT - MORIGAON PIN - 782105 ASSAM.
20: MORIGAON WHOLESALE CONSUMERS CO-OPERATIVE STORES LTD.
REPRESENTED BY ITS CHAIRMAN TILAK CHANDRA BORA AGED ABOUT 65 YEARS MORIGAON DIST-
MORIGAON PIN - 782105 ASSAM
21: PAVAKATI S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI KAMAL SING DEKA AGED ABOUT 58 YEARS VILL.
PAVAKATI P.O. AND P.S. BHURAGAON DISTRICT MORIGAON PIN - 782121 ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY PRINCIPAL SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006.
2:THE COMMISSIONER AND SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006 3:THE SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006.
4:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI - 781005.
5:THE DEPUTY COMMISSIONER MORIGAON DISTRICT - MORIGAON PIN - 782105 ASSAM. ------------
Advocate for : MR. A SARMA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/4475/2021 BARAPUJIA SAMABAI SAMITY LTD AND 27 ORS REPRESENTED BY ITS CHAIRMAN SRI PHAIN CHANDRA DEKARAJA AGED ABOUT 55 YEARS SON OF LATE LUTUBOR DEKARAJA RESIDENT OF VILLAGE ND P.O.- BARAPUJIA P.S. ROHA DISTRICT - NAGAON ASSAM PIN - 782103
2: M/S DAGAON ALITANGANI S.S. LTD.
REPRESENTED BY ITS CHAIRMAN MD. ROFIQUL ISLAM AGED ABOUT 45 YEARS SON OF HAZARAT ALI RESIDENT OF VILLAGE - DHINGGAON P.O. DAGAON P.S. JURIA DISTRICT - NAGAON ASSAM PIN - 782124
3: DUARBAGORI C.S. LTD.
REPRESENTED BY ITS CHAIRMAN SRI BHUPEN RAJKHOWA AGED ABOUT 50 YEARS R/O BAGHMARI P.O. KUTHARI MAUZA - DUARBAGORI P.S. JAKHALABANDHA DISTRICT - NAGAON ASSAM PIN-782136
4: JURIA S.S. LTD.
REPRESENTED BY ITS SECRETARY MD. MOZAHERUL ISLAM AGED ABOUT 48 YEARS R/O VILLAGE- BAGURIGURI P.O. AND P.S.- JURIA PIN-782124 DISTRICT - NAGAON
5: BALIKOTIA S.S. LTD.
REPRESENTED BY ITS CHAIRMAN SADIQUL ISLAM AGED ABOUT 35 YEARS R/O VILLAGE- BALIKOTIA P.O. BALIKOTIA P.S. JURIA DISTRICT - NAGAON ASSAM PIN-782122
6: RAHA S.S. LTD.
REPRESENTED BY ITS CHAIRMAN DHAN MUDOI AGED ABOUT 42 YEARS SON OF LATE GOLAP MUDOI R/O VILLAGE-RAHA TOWN WARD NO. 03 P.O. RAHA P.S. RAHA DISTRICT - NAGAON ASSAM PIN - 782103
7: KHATOWAL (L) S.S. LTD.
REPRESENTED BY THE SECRETARY ABUL KHSHEM AGED ABOUT 40 YEARS R/O VILLAGE AND P.O. UTTAR KHATOWAL P.S. RUPAHIHAT PIN - 782128 DISTRICT - NAGAON ASSAM.
8: JARABARI S.S. LTD.
REPRESENTED BY ITS SECRETARY RUHIT CHANDRA PATAR AGED ABOUT 53 YEARS R/O VILLAGE - BAJBATOMARI P.O. BAJBATOMARI P.S. KAMPUR DISTRICT OF NAGAON ASSAM PIN - 782425
9: CHATIAL S.S. LTD.
REPRESENTED BY ITS SECRETARY MAHESH CHOUHAN AGED ABOUT 54 YEARS R/O VILLAGE- GARUBANDHA P.O. JAKHALABANDHA MAUZA - CHATIAL P.S. JAKHALABANDHA PIN-782136 DISTRICT - NAGAON ASSAM
10: PACHIM PUBTHARIA S.S. LTD.
REPRESENTED BY THE PRESIDENT RAMJAN ALI AGED ABOUT 49 YEARS SON OF MD. SALIMUDDIN R/O VILLAGE- NALTOLI P.O. BHOMORAGURI P.S. ULUWANI DISTRICT - NAGAON PIN-782143
11: BHOLAGURI SATRA S.S. LTD.
REPRESENTED BY ITS CHAIRMAN SRI MONTU BORUAH AGED ABOUT 39 YEARS R/O VILLAGE AND P.O.-PUBTHARIA P.S. KALIABOR PIN-782137 DISTRICT - NAGAON ASSAM
12: DOAR SALONAH S.S. LTD.
REPRESENTED BY THE CHAIRMAN RAMBILAS JANTI AGED ABOUT 41 YEARS R/O VILLAGE SALONAH P.O. SALONAH PIN - 782139 DISTRICT - NAGAON
13: M/S LETERIPAR S.S. LTD.
REPRESENTED BY THE CHAIRMAN ABDUL BARI AGED ABOUT 38 YEARS S/O LT. ABAL HUSSAIN R/O VILLAGE- JOHAJAN P.O. LETERIPAR BAZAR P.S. JURIA PIN - 782124 DISTRICT - NAGAON ASSAM
14: AMBAGAN S.S. LTD.
REPRESENTED BY THE CHAIRMAN SRI DIPAK BISWAS AGED ABOUT 39 YEARS SON OF LATE JNANENDRA BISWAS R/O VILLAGE- PACHIM SOALONI P.O. AMBAGAN P.S. RUPAHIHAT PIN - 782120 DISTRICT - NAGAON ASSAM
15: LAWKHAWA S.S. LTD.
REPRESENTED BY THE SECRETARY ABUL HUSSAIN AGED ABOUT 55 YEARS SON OF LATE ABDUR RAHMAN R/O VILLAGE- PACHIM SINGIMARI P.O. SINGIMARI P.S. RUPAHIHAT PIN - 782125 DISTRICT - NAGAON ASSAM.
16: KATAHGURI SAMABY SAMITY LTD.
REPRESENTED BY THE CHAIRMAN MD. SHAHIDUL ISLAM AGED ABOUT 50 YEARS SON OF LT. MD. ABDUL MAZID VILLAGE AND P.O. TUKTUKI P.S. DHAING DISTRICT - NAGAON ASSAM PIN - 782123.
17: BECHAMARI SAMABAI SAMITY LTD.
REPRESENTED BY THE CHAIRMAN MD. ASNAD ULLAH AGED ABOUT 39 YEARS SON OF LATE AMJAT ALI R/O VILLAGE- BECHAMARI P.O. BECHAMARI P.S. DHING DISTRICT - NAGAON ASSAM PIN - 782123
18: M/S KACHAMARI S.S. LTD.
REPRESENTED BY THE CHAIRMAN SRI HARICHARAN DEKA AGED ABOUT 49 YEARS R/O VILLAGE- SIMALUGURI P.O. KACHAMARI P.S. SADAR PIN - 782002 DISTRICT - NAGAON ASSAM.
19: BATADRAVA S.S.S. LTD.
REPRESENTED BY THE CHAIRMAN RAFIQUL ISLAM AGED ABOUT 44 YEARS R/O VILLAGE- RAMPUR SATRA P.O. KUDAMONI P.S. BATADRAVA PIN - 782122 DISTRICT - NAGAON ASSAM.
20: RAIDONGIA S.S. LTD.
REPRESENTED BY THE CHAIRMAN JITEN SAIKIA AGED ABOUT 46 YEARS R/O VILLAGE- RAIDONGIA P.O. AIBHETI P.S. JAJORI PIN - 782002 DISTRICT - NAGAON ASSAM.
21: RUPAHI S.S. LTD.
REPRESENTED BY THE SECRETARY MD. NASIRUDDIN AGED ABOUT 42 YEARS R/O VILLAGE- RUPAHI P.O. RUPAHI PIN - 782125 PIN - 782125 DISTRICT - NAGAON ASSAM.
22: DIPHALU S.S. LTD.
REPRESENTED BY THE SECRETARY SRI SURAJIT SAIKIA AGED ABOUT 50 YEARS R/O VILLAGE- DIFOLU P.O. HACHALI PIN - 782003 DISTRICT - NAGAON ASSAM
23: BORBHAGIN S.S. LTD.
REPRESENTED BY THE CHAIRMAN KAMLA KANTA HAZARIKA AGED ABOUT 47 YEARS R/O VILLAGE- OWEGURI P.O. BENGNATI ULLWANI (KALIABOR) PIN - 782138 DISTRICT - NAGAON ASSAM.
24: MOWAMARI GPSS LTD.
REPRESENTED BY THE CHAIRMAN NAJRUL ISLAM AGED ABOUT 53 YEARS R/O VILLAGE- MOWAMARI P.O. MOWAMARI PIN - 7882140 DISTRICT - NAGAON
25: DHUPAGURI S.S. LTD.
REPRESENTED BY THE SECRETARY MIRAZ ALI AGED ABOUT 55 YEARS R/O VILLAGE- DHUPAGURI P.O. DHUPAGURI PIN - 78212 DISTRICT - NAGAON ASSAM.
26: CHAPANALLA S.S. LTD.
REPRESENTED BY THE CHAIRMAN GAKUL NAYAK AGED ABOUT 48 YEARS R/O VILLAGE- HABI BOSTI P.O. CHAPANALLA PIN - 782135 DISTRICT - NAGAON ASSAM
27: BISHNUPUR S.S. LTD.
REPRESENTED BY THE CHAIRMAN SHEKH ABDULLAH AGED ABOUT 51 YEARS R/O VILLAGE- CHANKHULA P.O. KACHUA P.S. KACHUA PIN - 782426 DISTRICT - NAGAON ASSAM.
28: SAIDARIA S. S. LTD.
REPRESENTED BY ITS CHAIRMAN ANUWAR UDDIN AHMED AGED ABOUT 40 YEARS P.O.-SAIDARIA P.S.-RUPAHI HAT PIN - 782125 DISTRICT - NAGAON ASSAM. VERSUS THE STATE OF ASSAMAND 4 ORS.
REPRESENTED BY PRINCIPAL SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006.
2:THE COMMISSIONER AND SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006.
3:THE SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006.
4:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI - 781005.
5:THE DEPUTY COMMISSIONER NAGAON DISTRICT - NAGAON PIN - 782001 ASSAM. ------------
Advocate for : MR. A SARMA Advocate for : GA ASSAM appearing for THE STATE OF ASSAMAND 4 ORS.
Linked Case : I.A.(Civil)/140/2022 THE STATE OF ASSAM AND 4 ORS REP. BY PRINCIPAL SECY.
FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT.
GOVT. OF ASSAM DISPUR GHY-06
2: THE COMM. AND SECY.
FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRSDEPTT.
GOVT. OF ASSAM DISPUR GHY-06
3: THE SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT.
GOVT. OF ASSAM DISPUR GHY-06
4: THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GHY-05
5: THE DY. COMMISSIONER DARRANG DIST.- DARRANG PIN- 784125 ASSAM VERSUS CHAPAI SAMABAYA SAMITEE LTD. AND 16 ORS REP. BY ITS CHAIRMAN MD. ABDUL RASID MANDAL AGED ABOUT 64 YEARS S/O- LT. REHAN ALI R/O- VILL- SAPAI DOLGAON P.O. BHAKATPARA DIST.- DARRANG ASSAM PIN- 784190
2:PACHIM RANGAMATII SAMABAYA SAMITTEE REP. BY IT CHAIRMAN SRI DURLAV SARMAN S/O- LT. RATNESWAR SARMAH AGED ABOUT 58 YEARS R/O- VILL- BOINAOJA P.S. MANGALDOI P.O. AULACHOWKA DIST.- DARRANG ASSAM PIN- 784529
3:SIPAJHAR SAMABAYA SAMITEE REP. BY ITS CHAIRMAN MD. ABDUL KHALEK AGED ABOUT 60 YEARS S/O- LT. SAFIRUDDIN AHMED R/O- VILL- MARAI P.O. SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 784145
4:BARDOULGURI SAMABAI SAMITEE LTD.
REP. BY ITS CHAIRMAN SRI BICHITRA SARMA AGED ABOUT 40 YEARS S/O- LT. HARENDRA SARMAH R/O- VILL- DAKHIN CHUBARI P.O. AND P.S. SIPAJHAR PIN- 784145 DIST.- DARRANG ASSAM
5:KURUA SAMABAYA SAMITEE LTD.
REP. BY ITS CHAIRMAN MD. MAINUL HAQUE AGED ABOUT 56 YEARS S/O- LT. HASAR ALI R/O- VILL- SANUA P.O. SANUA DIST.- DARRANG ASSAM PIN- 784145
6:DAHI SAMABAI SAMITEE LTD.
REP. BY ITS SECY. SRI SANDHIRAM DEKA AGED ABOUT 63 YEARS S/O- LT. PAYALU DEKA R/O- VILL- KEOTPARA P.O. JANARAMCHOWKA P.S. MANGALDOI DIST.- DARRANG ASSAM PIN- 784529
7:KALYAN SAMABAYA SAMITTEE LTD.
REP. BY THE CHAIRMAN MD. GOLAP ALI AGED ABOUT- 54 YEARS S/O- LT. JONAB ALI R/O- VILL- KONAKATAPARA P.O. DALGAON P.S. DALGAON PIN- 784116 DIST.- DARRANG ASSAM
8:BARUAJHAR SAMABAYA SAMITEE LTD.
REP. BY ITS CHAIRMAN MD. MOSTAFA HUSSAIN S/O- LT. ABDUL HAQUE AGED ABOUT 34 YEARS R/O- VILL- KAHIBARI P.S. DALGAON P.O. JANGALPARA DIST.- DARRANG ASSAM PIN- 784116
9:LALPUL SAMABAYA SAMITEE LTD.
REP. BY ITS CHAIRMAN MD. SAMSHER ALI AGED ABOUT 48 YEARS S/O- LT. ABDUL LATIF R/O- VILL- MADHUPUR P.O. LALPUL BAZAR P.S. DALGAON PIN- 784514 DIST.- DARRANG ASSAM
10:DOIPAM SAMABAYA SAMITEE LTD.
REP. BY THE CHAIRMAN MD. JAMALUDDIN AGED ABOUT 59 YEARS S/O- LT. IMAN ALI R/O- VILL- DOIPAM P.O. DOIPAM P.S. DALGAON DIST.- DARRANG PIN- 784515
11:BAHABARI SAMABAYA SAMITTEE LTD.
REP. BY THE CHAIRMAN MD. ABDUL REJJAK AGED ABOUT 65 YEARS R/O- VILL- BAHABARI P.O. AND P.S. KHARUPETIA PIN- 784115 DIST.- DARRANG ASSAM
12:DUKHMOSAN SAMABAYA SAMITEE LTD.
REP. BY ITS CHAIRMAN MD. KUBBAT ALI AGED ABOUT 64 YEARS S/O- LT. HAZI OMAR ALI R/O- VILL- NO. 4 SIALMARI P.O. KOPATI P.S. DALGAON PIN- 784113 DIST.- DARRANG ASSAM
13:PUB RONGAMATI SAMABAYA SAMITEE LTD.
REP. BY THE CHAIRMAN MD. ABUL HUSSAIN AGED ABOUT 40 YEARS S/O- LT. MUKESED ALI R/O- VILL- NO. 5 NONGLI P.O. MANGALDOI P.S. MANGALDOI PIN- 784125 DIST.- DARRANG ASSAM
14:RAJAPUKHUR GPSS LTD.
REP. BY THE CHAIRMAN MD ABDUR RAHMAN AGED ABOUT 46 YEARS S/O- MD. AIJUDDIN R/O- VILL- CHERIBARI P.O. BHERBHERI BILL P.S. DHULA PIN- 784190 DIST.- DARRANG ASSAM
15:BHAKATPARA GPSS LTD.
REP. BY THE SECY. SHAHAJAMAT AGED ABOUT 59 YEARS S/O- LT. SAMED ALI R/O- VILL- JUGIPARA P.O. BALABARI P.S. DHULA PIN- 784146 DIST.- DORRANG ASSAM
16:DHULA SAMABAY SAMITI LTD.
REP. BY THE SECY. MD. NUR MAHAMAD ALI AGED ABOUT 54 YEARS R/O- VILL- ONDOLAJHAR P.O. DHULA P.S. DHULA DIST.- DARRANG PIN- 784190 ASSAM
17:BONMAJA SAMABAI SAMITY LTD.
REP. BY THE CHAIRMAN SRI HARI KALITA AGED ABOUT 50 YEARS S/O- LT. PADORAM KALITA R/O- VILL- MOLIBARITARI P.O. DUNI P.S. BURAH DIST.- DARRANG ASSAM PIN- 784145 ------------
Advocate for : GA Advocate for : MR. R MAZUMDAR appearing for CHAPAI SAMABAYA SAMITEE LTD. AND 16 ORS Linked Case : WP(C)/4619/2021 CHAPAI SAMABAYA SAMITEE LTD. AND 16 ORS.
REP. BY ITS CHAIRMAN MD. ABDUL RASID MANDAL AGED ABOUT 64 YEARS S/O- LT. REHAN ALI R/O- VILL- SAPAI DOLGAON P.O. BHAKATPARA DIST.- DARRANG ASSAM PIN- 784190
2: PACHIM RANGAMATII SAMABAYA SAMITTEE REP. BY IT CHAIRMAN SRI DURLAV SARMAN S/O- LT. RATNESWAR SARMAH AGED ABOUT 58 YEARS R/O- VILL- BOINAOJA P.S. MANGALDOI P.O. AULACHOWKA DIST.- DARRANG ASSAM PIN- 784529
3: SIPAJHAR SAMABAYA SAMITEE REP. BY ITS CHAIRMAN MD. ABDUL KHALEK AGED ABOUT 60 YEARS S/O- LT. SAFIRUDDIN AHMED R/O- VILL- MARAI P.O. SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 784145
4: BARDOULGURI SAMABAI SAMITEE LTD.
REP. BY ITS CHAIRMAN SRI BICHITRA SARMA AGED ABOUT 40 YEARS S/O- LT. HARENDRA SARMAH R/O- VILL- DAKHIN CHUBARI P.O. AND P.S. SIPAJHAR PIN- 784145 DIST.- DARRANG
5: KURUA SAMABAYA SAMITEE LTD.
REP. BY ITS CHAIRMAN MD. MAINUL HAQUE AGED ABOUT 56 YEARS S/O- LT. HASAR ALI R/O- VILL- SANUA P.O. SANUA DIST.- DARRANG ASSAM PIN- 784145
6: DAHI SAMABAI SAMITEE LTD.
REP. BY ITS SECY. SRI SANDHIRAM DEKA AGED ABOUT 63 YEARS S/O- LT. PAYALU DEKA R/O- VILL- KEOTPARA P.O. JANARAMCHOWKA P.S. MANGALDOI DIST.- DARRANG ASSAM PIN- 784529
7: KALYAN SAMABAYA SAMITTEE LTD.
REP. BY THE CHAIRMAN MD. GOLAP ALI AGED ABOUT- 54 YEARS S/O- LT. JONAB ALI R/O- VILL- KONAKATAPARA P.O. DALGAON P.S. DALGAON PIN- 784116 DIST.- DARRANG ASSAM
8: BARUAJHAR SAMABAYA SAMITEE LTD.
REP. BY ITS CHAIRMAN MD. MOSTAFA HUSSAIN S/O- LT. ABDUL HAQUE AGED ABOUT 34 YEARS R/O- VILL- KAHIBARI P.S. DALGAON P.O. JANGALPARA DIST.- DARRANG ASSAM PIN- 784116
9: LALPUL SAMABAYA SAMITEE LTD.
REP. BY ITS CHAIRMAN MD. SAMSHER ALI AGED ABOUT 48 YEARS S/O- LT. ABDUL LATIF R/O- VILL- MADHUPUR P.O. LALPUL BAZAR P.S. DALGAON PIN- 784514 DIST.- DARRANG ASSAM
10: DOIPAM SAMABAYA SAMITEE LTD.
REP. BY THE CHAIRMAN MD. JAMALUDDIN AGED ABOUT 59 YEARS S/O- LT. IMAN ALI R/O- VILL- DOIPAM P.O. DOIPAM P.S. DALGAON DIST.- DARRANG PIN- 784515
11: BAHABARI SAMABAYA SAMITTEE LTD.
REP. BY THE CHAIRMAN MD. ABDUL REJJAK AGED ABOUT 65 YEARS R/O- VILL- BAHABARI P.O. AND P.S. KHARUPETIA PIN- 784115 DIST.- DARRANG ASSAM
12: DUKHMOSAN SAMABAYA SAMITEE LTD.
REP. BY ITS CHAIRMAN MD. KUBBAT ALI AGED ABOUT 64 YEARS S/O- LT. HAZI OMAR ALI R/O- VILL- NO. 4 SIALMARI P.O. KOPATI P.S. DALGAON PIN- 784113 DIST.- DARRANG ASSAM
13: PUB RONGAMATI SAMABAYA SAMITEE LTD.
REP. BY THE CHAIRMAN MD. ABUL HUSSAIN AGED ABOUT 40 YEARS S/O- LT. MUKESED ALI R/O- VILL- NO. 5 NONGLI P.O. MANGALDOI P.S. MANGALDOI PIN- 784125 DIST.- DARRANG
14: RAJAPUKHUR GPSS LTD.
REP. BY THE CHAIRMAN MD ABDUR RAHMAN AGED ABOUT 46 YEARS S/O- MD. AIJUDDIN R/O- VILL- CHERIBARI P.O. BHERBHERI BILL P.S. DHULA PIN- 784190 DIST.- DARRANG ASSAM
15: BHAKATPARA GPSS LTD.
REP. BY THE SECY. SHAHAJAMAT AGED ABOUT 59 YEARS S/O- LT. SAMED ALI R/O- VILL- JUGIPARA P.O. BALABARI P.S. DHULA PIN- 784146 DIST.- DORRANG ASSAM
16: DHULA SAMABAY SAMITI LTD.
REP. BY THE SECY. MD. NUR MAHAMAD ALI AGED ABOUT 54 YEARS R/O- VILL- ONDOLAJHAR P.O. DHULA P.S. DHULA DIST.- DARRANG PIN- 784190 ASSAM
17: BONMAJA SAMABAI SAMITY LTD.
REP. BY THE CHAIRMAN SRI HARI KALITA AGED ABOUT 50 YEARS S/O- LT. PADORAM KALITA R/O- VILL- MOLIBARITARI P.O. DUNI P.S. BURAH DIST.- DARRANG ASSAM PIN- 784145 VERSUS THE STATE OF ASSAM AND 4 ORS.
REP. BY PRINCIPAL SECY.
FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT.
GOVT. OF ASSAM DISPUR GHY-06
2:THE COMM. AND SECY.
FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRSDEPTT.
GOVT. OF ASSAM DISPUR GHY-06
3:THE SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT.
GOVT. OF ASSAM DISPUR GHY-06
4:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GHY-05
5:THE DY. COMMISSIONER DARRANG DIST.- DARRANG PIN- 784125 ASSAM ------------
Advocate for : MR. A SARMA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.
BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 13.01.2022 Heard Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. D. Nath, learned Senior Govt. Advocate, Assam for the applicants and Mr. A. Sarma, learned counsel for the opposite parties/writ petitioners of WP (C) No. 4475/2021, WP (C) No. 4268/2021 and WP (C) No. 4619/2021.
2. Petitioners of WP (C) No. 4475/2021 are the Gram Panchayat Samabay Samities/Co-operative Societies of the District of Nagaon whereas writ petitioners of WP (C) No. 4268/2021 are such samities of Morigaon District and writ petitioners of WP (C) No. 4619/2021 are such societies of the District of Darrang. All such petitioner societies are registered co-operative societies under the Assam Co-operative Societies Act, 1949 and the Assam Co-operative Societies Rules, 1953 and are regulated by the State statute and rules. The petitioner societies are in the field of lifting and distribution of PDS articles under the Essential Commodities Act, 1955 and also the Assam Public Distribution of Articles Order, 1982.
3. Following the enactment of National Food Security Act, 2013 (NFSA, in short). The State Govt. in respect of distribution of food grains followed that the Food and Civil Supplies Department allocates the food grants which the Societies are required to lift from the respective Godowns of Food Corporation of India and thereafter, the fair price shop dealers within the territorial jurisdiction of such societies take their allocation for distribution amongst the consumers. In that process the Handling Commission is distributing commission in the ration of 70:30 i.e., 70 % for the fair price dealers and 30% for such GPSS/Co-
operative Societies.
4. The Central Govt. in exercise of power conferred under Section 39 (2) (e) read with Section 22 (4) (d) of the NFSA formulated the Food Security (Assistance to State Govt.) Rules, 2015 after consultation with the respective States under the NFSA Scheme.
5. It is stated by the petitioners that they fall under the special category and therefore, entitled to receive a margin of Rs. 143/- per quintal and transportation cost of Rs.
100/- per quintal in respect of the rice lifted by them under the NFSA Scheme.
6. The State Govt. in the Food, Civil Supplies and Consumer Affairs (A)
Department vide Notification No. FSA.81/2019/Pt.III.2014 dated 23.02.2016 enhanced the rate of profit margin to GPSS/Societies and Fair Price Shops at Rs. 143/- per quintal in the ration of 70:30 (Rs. 100.10 per quintal Fair Price Shops and Rs. 42.90 per quintal to GPSS/Co-
operative Societies) w.e.f. 01.12.2015 and that the said process have been followed.
7. The State Govt. by its Cabinet decision dated 30.06.2021 have taken a different stand to the extent that from the financial year 2021-22, the GPSS/Co-operative Societies will not be paid the handling margin money and accordingly the State Govt. in its Food, Civil Supplies and Consumer Affairs Department vide order no. FSA.81/2009/Pt.-III/312 dated 13.07.2021 informed the Director of Food, Civil Supplies and Consumer Affairs Department, Assam that the Fair Price Shop Dealer’s margin shall be payable at the rate of Rs. 143/- per quintal of rice to FPSS dealer only for carrying out distribution of food grains to NFSA beneficiaries as per said 2015 rule from the financial year 2021-22 and that no part of the FPSS dealer’s margin shall be payable to GPSS/LAMPS/WCCS from the financial year
2021-22.
8. It is stated by the petitioners that the Central Govt. released an amount of Rs. 75,28,00,548/- for the State of Assam as central assistance for additional food grains allocated by the Govt. of India Pradhan Mantri Garib Kalyan Anna Yojna (PMGKAY). In terms of the same the concerned authorities in the Food, Civil Supplies and Consumer Affairs Department prepared the statements showing the District wise Commission Bill for central assistance. With regard to such Commission Bill of central assistance for the period from April 2020 to November 2020 pertaining to Nagaon District, th