Gauhati High Court
Allassam Handloom Coopertive ... vs The State Of Assam And Ors on 25 April, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/4
GAHC010219002012
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 799/2012
1:ALLASSAM HANDLOOM COOPERTIVE ASSOCIATION and ANR
HAVING ITS REGISTERED OFFICE AT GUWAHATI, REP. BY ITS WORKING
PRESIDENT, SRI DINESH DEKA, A RESIDENT OF NAMGHAR PATH,
DAKHINGAON, KAHILIPARA, GUWAHATI- 781019, KAMRUP METRO,
ASSAM.
2: SRI PABITRA KUMAR DEKA
GENERAL SECRETARY
ALL ASSAM HANDLOOM COOPERATIVE ASSOCIATION
A RESIDENT OF HOUSE NO. 18
HILLSIDE ROAD
CHENIKUTHI
GUWAHATI-781003
KAMRUP METRO
ASSAM
VERSUS
1:THE STATE OF ASSAM AND ORS
REP. BY THE COMMISSIONER AND SECRETARY, HANDLOOM, TEXTILE
AND SERICULTURE DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF HANDLOOM
AND TEXTILES
ALSO WORKING AS EX-OFFICIO ADDITIONAL REGISTRAR OF CO-
OPERATIVE SOCIETIES
ASSAM
AMBARI
GUWAHATI-1.
3:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
COOPERATION DEPARTMENT
DISPUR
GUWAHATI-6.
Page No.# 2/4
4:THE ADDITIONAL CHIEF SECRETARY TO THE
GOVT. OF ASSAM
DEPARTMENT OF PUBLIC ENTERPRISE
DISPUR
GUWAHATI-6.
5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF PUBLIC ENTERPRISE
DISPUR
GUWAHATI-6.
6:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
DEPARTMENT OF PUBLIC ENTERPRISE
DISPUR
GUWAHATI-6.
7:THE APEX WEAVERS AND ARTISANS CO-OPERATIVE
FEDERATION LIMITED ARTFED
A CO-OPERATIVE SOCIETY REGISERED UNDER THE ASSAM CO-
OPERATIVE ACT 1949
REP. BY ITS MANAGING DIRECTOR
HAVING ITS REGISTERED OFFICE AT AMBARI
GUWAHATI-1
KAMRUP
ASSAM.
8:THE GAUHATI UNIVERSITY
REP. BY ITS HEAD OF THE DEPARTMENT
DEPARTMENT OF BUSINESS ADMINISTRATION
JALUKBARI
GUWAHATI-14
Advocate for the Petitioner : MR.P K GOSWAMI
Advocate for the Respondent : MR. N. GOSWAMI(GA, ASSAM)
Page No.# 3/4
BEFORE
HON'BLE MR. JUSTICE UJJAL BHUYAN
CIVIL BENCH-IV
ORDER
Date : 25-04-2019 Heard Mr. MP Sarma, learned counsel for the petitioners; Mr. RD Choudhury, learned Senior Government Advocate, Assam for respondent Nos.1, 2, 4, 5 and 6; and Mr. SN Sarma, learned Senior Counsel for respondent No.7. Petitioner No.1 is All Assam Handloom Cooperative Association and petitioner No.2 is its General Secretary Sri Pabitra Kumar Deka.
In this petition filed under Article 226 of the Constitution of India, petitioners seek quashing of enlistment of Assam Apex Weavers and Artisans Cooperative Federation Ltd. (ARTFED) as a State Level Public Enterprise in the list prepared at Sl. No.42 and consequential orders after treating it to be a State Level Public Enterprise.
Basic contention of the petitioners is that ARTFED is a cooperative society registered under the Assam Cooperative Societies Act, 1949, presently governed by the provisions of the Assam Cooperative Societies Act, 2007 and, therefore, it can be treated as a State Level Public Enterprise.
Though this case is pending since the year 2012, no affidavit has been filed by the Government of Assam. In the hearing which took place on 19.03.2019, this Court observed that if no affidavit is filed by the Government of Assam, Court may proceed with the matter ex-parte.
Today when the matter is called upon, Mr. Choudhury, learned Senior Government Advocate, Assam has placed before the Court a copy of letter dated 10.04.2019 issued by the Secretary to the Government of Assam, Public Enterprises Department, which says that Public Enterprises Department, Government of Assam has decided to keep ARTFED outside the purview of State Public Enterprises. This decision has been taken after obtaining the views of the Judicial Department, Government of Assam.
In view of above, reliefs sought for by the petitioners have been made available and Page No.# 4/4 no live issue survives for adjudication. Consequential orders following enlistment of ARTFED as State Level Public Enterprise accordingly stands quashed.
Writ petition is allowed. No cost.
Copy of letter dated 10.04.2019 be kept as part of the record.
JUDGE Biplab Comparing Assistant