Gauhati High Court
Page No.# 1/39 vs Page No.# 2/39 on 13 January, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/39
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
ASSAM
VERSUS
Page No.# 2/39
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
ASSAM
Page No.# 3/39
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
Page No.# 4/39
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
ASSAM.
13:M/S LETERIPAR S.S. LTD.
Page No.# 5/39
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
Page No.# 6/39
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
Page No.# 7/39
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
ASSAM.
25:DHUPAGURI S.S. LTD.
REPRESENTED BY THE SECRETARY MIRAZ ALI
AGED ABOUT 55 YEARS
Page No.# 8/39
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
Advocate for the Petitioner : GA, ASSAM
Advocate for the Respondent : MR B KAUSHIK
Page No.# 9/39
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
ASSAM.
4: JAGIBHAKATGAON S.S. LTD.
Page No.# 10/39
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
Page No.# 11/39
ASSAM.
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
Page No.# 12/39
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
Page No.# 13/39
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 -
Page No.# 14/39
782104
ASSAM
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
Page No.# 15/39
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
Page No.# 16/39
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
Page No.# 17/39
DISTRICT - NAGAON
ASSAM
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
Page No.# 18/39
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
Page No.# 19/39
DISTRICT - NAGAON
ASSAM.
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
Page No.# 20/39
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
Page No.# 21/39
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
ASSAM.
Page No.# 22/39
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
Page No.# 23/39
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.
Page No.# 24/39
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
Page No.# 25/39
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
Page No.# 26/39
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
Page No.# 27/39
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
ASSAM
Advocate for : MR. R MAZUMDAR appearing for CHAPAI SAMABAYA SAMITEE
Page No.# 28/39
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
ASSAM
Page No.# 29/39
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
Page No.# 30/39
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.
Page No.# 31/39
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
Page No.# 32/39
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.
Page No.# 33/39
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) Page No.# 34/39 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, the amount is of Rs. 4,81,17,987/-, for Morigaon District for the same period is Rs. 2,47,88,993/- and for Darrang District, it is Rs. 2,35,01,861/-. Petitioner stated that as they have lifted the food grains during the same period April 2020 to November 2020, they are entitled for commission amount of 30% during that period and for Nagoan District such commission of 30% of the amount Rs. 4,81,17,987/- is Rs. 1,44,35,396.10; 30% commission of Morigaon District for Rs. 2,47,88,993/- is Rs. 74,36,697.90 and such 30% commission of Darrang District for Rs. 2,35,01,861/- is Rs. 70,50,558.30.
Page No.# 35/39
9. As the respondents in the Food, Civil Supplies and Consumer Affairs Department decided to release entire profit of Rs. 143/- per quintal to the FPS dealers without giving any share of the same to the petitioner Societies at the ratio of 70:30 for the period from April 2020 to November 2020 from the Central Govt.'s fund of Rs. 75,28,00,548/-. The petitioner have approached this Court in the present petitions praying amongst others for setting aside the order dated 27.07.2021 passed by the Director of Civil Supplies and Consumer Affairs Department, Assam issued under no. SA.14/2020/PMGKAY/14 whereby all the Deputy Commissioners of State as well as the Principal Secretaries of the Autonomous Councils were directed to release the central assistance towards Intra-State movement and FPS Dealer's margin under PMGKAY for the said period of April 2020 to November 2020 in terms of statements prepared that it did not include any share for the petitioner Societies in their respective Districts of the State and to pay them 30% commission at the ratio of 70:30 noted above for said period of April 2020 to November 2020 from the said central assistance with the interim prayer not to release 30% of such commission amount, i.e. Rs. 4,81,17,987/- for Nagoan District and Rs. 70,50,558.30 for Darrang District.
10. Vide interim order dated 07.09.2021, this Court in WP (C) No. 4475/2021 directed the Deputy Commissioner, Nagaon not to release 30% share of Rs. 143/- per quintal to the FPS dealers of Nagaon District towards distribution of food grains allocated by Govt. of India PMGKAY out of the entire share for the period from April 2020 to November 2020, which is still in force.
11. On 14.09.2021, this Court in WP (C) No. 4619/2021 passed an interim order directing Deputy Commissioner, Darrang not to release 30% share of Rs. 143/- per quintal to the FPS dealers of Darrang District towards distribution of food grains allocated by Govt. of India PMGKAY out of the entire share for the period from April 2020 to November 2020 and the said interim order is still in force.
Page No.# 36/39
12. However, with regard to WP (C) no. 4268/2021 pertaining to Morigaon District presently there is no interim order in force.
13. The State Govt. have preferred I.A.(C) no. 139/2022 in WP (C) no. 4475/2021 and I. A. (C) no. 140/2022 in WP (C) no. 4619/2021 praying to vacate the orders dated 31.08.2021 as well as 14.09.2021 passed in those WP(C) Nos. 4475/2021 and 4619/2021 respectively.
14. As agreed by the parties all the writ petitions and interlocutory applications have taken up together for consideration.
15. Mr. Saikia, learned Advocate General of the State by placing the notification dated 17.08.2015 issued by the Ministry of Consumer Affairs and Food Public Distribution in the Department of Food and Public Distribution that pertains to aforesaid 2015 Rules placed before the Court that as per Rule 5 of said 2015 rules, it is the duty of the State Govt. to take delivery of food grains under Targeted Public Distribution System from the designed Depots (the Godowns of FCIs) to ensure its delivery through their authorised agency up to the door step of Fair Price Shops and to ensure its supply to entitled persons and households at prices specified in the schedule therein.
16. Placing Rule 6 of the said 2015 rule, Mr. Saikia submitted that it is the Central Govt. who assists the State Govt. to meet the expenditure incurred by it on intra-State movement, handling of food grains and margins paid to Fair Price Shop dealers for distribution of food grains allocated for the entitled persons and households.
Page No.# 37/39
17. Mr. Saikia, learned Advocate General further placed before this Court that Rs. 143/- per quintal is to be paid to the Fair Price Shop dealer as the margin money of the allocate food grains by the Central Govt. under Targeted Public Distribution System from Central Pool and Rs. 100/- per quintal for intra-State movement and handling with regard to special category State including Assam.
18. Mr. Saikia therefore submitted that Rs. 143/- per quintal is for the FPS Dealers but earlier the State Govt. took a decision to part the said amount at the rate of 70:30 of said Rs. 143/- per quintal i.e. 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. It is stated from record that the Central Govt. have deducted an amount of Rs. 111.15 crores that was paid to GPSS/Co-operative Societies as handling charge for transportation of the food grains @ Rs. 42.90 per quintal from the share of FPS dealers since December 2015 to the financial year 2018-19 being in not conformity with said 2015 Rules. Mr. Saikia submitted that as the State Govt. in its Food, Civil Supplies and Consumer Affairs (A) Department earlier passed the said notification dated 23.02.2016 in violation of said 2015 Rules, the State Cabinet accordingly took a fresh decision in June 2021 to give Rs. 143/- per quintal to the FPS Dealers as per their entitlement under 2015 Rules. In this regard Mr. Saikia stated that the FPS dealers were complaining since long as they were not paid Rs. 143/- per quintal of their share in terms of the said 2015 Rules and the Cabinet appropriately took the decision in its meeting in June 2021 following the 2015 Rules.
19. The State Govt. in its Food, Civil Supplies and Consumer Affairs Department in their applications stated that because of the stay orders dated 31.08.2021 as well as 14.09.2021 passed in those WP(C) nos. 4475/2021 and 4619/2021 respectively, certain amount are lying unspent at all level in the Bank of Implementing Agencies and in terms of the communication of the Govt. of India in the Ministry of Consumer Affairs and Food Public Distribution, Department of Food and Public Distribution 25.05.2021, that specified that due Page No.# 38/39 to showing of unspent balance in the Bank accounts of the Implementing Agencies in PFMS of the State, in terms of instruction of Ministry of Finance, release of funds towards Central Assistance to State of Assam towards intra-State movement and handling of food grains and Fair Price Shop Dealer's margin to distribution of food grain under PMGKAY, the Central Govt. could not release such fund to the State due to showing of such unutilized amount. As such the State Govt. prayed for release of such amount by vacating and/or modifying the stay orders dated 31.08.2021 and 14.09.2021 noted above.
20. Mr. D. Saikia, learned Advocate General also submitted that the petitioner Societies shall receive their respective share out of Rs. 143/- noted above for the said period from April 2020 to November 2020 in terms of the earlier policy decision of the Govt.
21. Mr. Sarma, learned counsel appearing for opposite parties/writ petitioners submitted that they should be paid the 30% of Rs. 143/- per quintal in terms of the 70:30 ratio as per the policy decision of the State Govt. and since they have already completed the work like lifting and transporting the food grain for the said period of April 2020 to November 2020 and if the stay orders are vacated, they may not be paid the amount as per their entitlement for the said period. It is seen that the earlier policy decision of the State Govt. in distributing the share of Rs. 143/- per quintal or rice in the ratio of 70:30 for the FPS Dealers and the GPSS/Co-operative Societies was in force since 01.12.2015, as noted above and the Cabinet in June 2021 took a fresh decision giving effect from the financial year 2021-22 giving entire Rs. 143/- per quintal of rice to FPS Dealers in terms of the said 2015 Rules.
22. On being enquired, Mr. Saikia, learned Advocate General submitted that as the decision has been take or giving 100% share of Rs. 143/- per quintal to the FPS dealers in terms of the Rule 2015 from the financial year 2021-22, the petitioners i. e., the concerned GPSS/Co-operative Societies of the WP (C) nos. 4475/2021, 4268/ 2021 and 4619/2021, shall be entitled towards such handling work of lifting and transportation charges that was Page No.# 39/39 prevalent during the period from April 2020 to November 2020.
23. Considering the entire aspect of the matter and on hearing the parties, these writ petitions are disposed of directing the State Govt. in the Food, Civil Supplies and Consumer Affairs Department to release the 30% share of Rs. 143/- per quintal of rice i.e., Rs. 42.90 per quintal payable for the period from April 2020 to November 2020 to the petitioners for such handling of work for lifting and transportation of the food grains from the FCI godowns as noted above, which they have actually done for the said period. Such amount shall be paid by the State respondents in the Food, Civil Supplies and Consumer Affairs Department to the petitioner GPSS/Co-operative Societies on or before 28.02.2022 as per their entitlement on due verification of such handling work done by them, as noted above.
24. With the above observations and directions, the writ petitions and the connected interlocutory applications stand disposed of.
JUDGE Comparing Assistant