Gauhati High Court
M/S Superlite Acc Blocks Industry vs The State Of Assam And 12 Ors on 14 November, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/8
GAHC010152282021
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4901/2021
M/S SUPERLITE ACC BLOCKS INDUSTRY
A REGD. PARTNERSHIP FIRM HAVING ITS OFFICE AT SHANTI SADAN,
ALOK PRESS BYE LANE, NARAYAN NAGAR, KUMARPARA, GHY-09 WITH
ITS FACTORY/INDUSTRIAL SHED AT VILL- SARUTARI, SONAPUR,
KAMRUP (M), REP. BY ITS PARTNER, SHRI MUKUL S. LAMARE, AGE 52
YEARS, S/O- JITEN SAHU, R/O- S.K. TOWAR, NEAR N.E. TV, A.K. AZAD
ROAD, REHABARI, P.S. PALTANBAZAR, GHY-08, DIST.- KAMRUP (M),
ASSAM
VERSUS
THE STATE OF ASSAM AND 12 ORS
REP. BY COMM. AND SECY., REVENUE AND DISASTER MANAGEMENT
DEPTT., DISPUR, GHY
2:THE DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
3:THE ADDL. DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
4:THE CIRCLE OFFICER
SONAPUR REVENUE CIRCLE
SONAPUR
KAMRUP (M)
ASSAM- 782402
5:SOBITA RONGPHARPI
D/O- KARDOM KE AAPI
W/O- SRI AJAY MAHATO
Page No.# 2/8
R/O- VILL- SARUTARI
P.S. SONAPUR
DIST.- KAMRUP (M)
6:DEPTT. OF INDUSTRY AND COMMERCE
GOVT. OF ASSAM
DISPUR
GHY-5
REP. BY ITS COMM. AND SECY.
7:DISTRICT INDUSTRIES AND COMMERCE CENTER (DIC)
KAMRUP
BAMUNIMAIDAM
GHY-21
REP. BY ITS GENERAL MANAGER
8:ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL)
BIJULEE BHAWAN
5TH FLOOR
PALTANBAZAR
GHY-01
REP. BY THE CHIEF GENERAL MANAGER (D)
APDCL (LAR)
9:MINISTRY OF COMMERCE AND INDUSTRY
GOVT. OF INDIA
NEW DELHI- 110001 REP. BY ITS SECY. TO THE GOVT. OF INDIA
10:NORTH EASTERN DEVELOPMENT FINANCIAL INSTITUTTION (NEDFI)
HAVING ITS OFFICE AT SANKET VIHAR
SORUMOTORIA
G.S.ROAD
GHY-06
ASSAM
REP. BY ITS GENERAL MANAGER
11:PUNJAB NATIONAL BANK
A NATIONALIZED BANK REP. BY ITS CHIEF GENERAL MANAGER
FANCY BAZAR BRANCH
LIC BUILDING
S.S.ROAD
GHY-01
12:CHIEF INSPECTOR OF FACTORIES
ASSAM
NEAR NPS INTERNATIONAL SCHOOL LANE
BETKUCHI
LALUNG GAON
Page No.# 3/8
LOKHRA
GHY
ASSAM
13:POLLUTION CONTROL BOARD.
ASSA
Linked Case : I.A.(Civil)/1181/2023
M/S SUPERLITE ACC BLOCKS INDUSTRY
A REGD. PARTNERSHIP FIRM HAVING ITS OFFICE AT SHANTI SADAN
ALOK PRESS BYE LANE
NARAYAN NAGAR
KUMARPARA
GHY-09 WITH ITS FACTORY/INDUSTRIAL SHED AT VILL- SARUTARI
SONAPUR
KAMRUP (M)
REP. BY ITS PARTNER
SHRI MUKUL S. LAMARE
AGE 52 YEARS
S/O- JITEN SAHU
R/O- S.K. TOWAR
NEAR N.E. TV
A.K. AZAD ROAD
REHABARI
P.S. PALTANBAZAR
GHY-08
DIST.- KAMRUP (M)
ASSAM
VERSUS
THE STATE OF ASSAM AND 12 ORS
REP. BY COMMISSIONER AND SECRETARY
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI
2:THE DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
3:THE ADDL. DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
Page No.# 4/8
4:THE CIRCLE OFFICER
SONAPUR REVENUE CIRCLE
SONAPUR
KAMRUP (M)
ASSAM- 782402
5:SOBITA RONGPHARPI
D/O- KARDOM KE AAPI
W/O- SRI AJAY MAHATO
R/O- VILL- SARUTARI
P.S. SONAPUR
DIST.- KAMRUP (M)
6:DEPTT. OF INDUSTRY AND COMMERCE
GOVT. OF ASSAM
DISPUR
GHY-5
REP. BY ITS COMM. AND SECY.
7:DISTRICT INDUSTRIES AND COMMERCE CENTER (DIC)
KAMRUP
BAMUNIMAIDAM
GHY-21
REP. BY ITS GENERAL MANAGER
8:ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL)
BIJULEE BHAWAN
5TH FLOOR
PALTANBAZAR
GHY-01
REP. BY THE CHIEF GENERAL MANAGER (D)
APDCL (LAR)
9:MINISTRY OF COMMERCE AND INDUSTRY
GOVT. OF INDIA
NEW DELHI- 110001 REP. BY ITS SECY. TO THE GOVT. OF INDIA
10:NORTH EASTERN DEVELOPMENT FINANCIAL INSTITUTTION (NEDFI)
HAVING ITS OFFICE AT SANKET VIHAR
SORUMOTORIA
G.S.ROAD
GHY-06
ASSAM
REP. BY ITS GENERAL MANAGER
11:PUNJAB NATIONAL BANK
A NATIONALIZED BANK REP. BY ITS CHIEF GENERAL MANAGER
FANCY BAZAR BRANCH
Page No.# 5/8
LIC BUILDING
S.S.ROAD
GHY-01
12:CHIEF INSPECTOR OF FACTORIES
ASSAM
NEAR NPS INTERNATIONAL SCHOOL LANE
BETKUCHI
LALUNG GAON
LOKHRA
GHY
ASSAM
13:THE POLLUTION CONTROL BOARD OF ASSAM
ANURADHA CINEMA COMPLEX
MRD ROAD
BAMUNIMAIDAM
GUWAHATI-781021
REPRESENTED BY ITS CHAIRMAN.
Linked Case : I.A.(Civil)/2345/2021
SMTI. SOBITA RONGPHARPI
D/O-LATE KARDOM KE AAPI @ KARDOM KROPI
R/O- VILL- SARUTARI
P.S. SONAPUR
DIST.- KAMRUP (M)
ASSAM
PIN-793101
VERSUS
M/S SUPERLITE ACC BLOCKS AND 11 ORS.
HAVING ITS REGD. OFFICE AT SHANTI SADAN
ALOK PRESS BYE LANE
NARAYAN NAGAR
KUMARPARA
BHARALUMUKH
GHY-09 REP. BY ITS PARTNER
SHRI MUKUL S. LAMARE
AGE 52 YEARS
S/O- JITEN SAHU
R/O- S.K. TOWAR
NEAR N.E. T.V
A.K. AZAD ROAD
REHABARI
Page No.# 6/8
P.S. PALTANBAZAR
GHY-08
DIST.- KAMRUP (M)
ASSAM
2:THE STATE OF ASSAM
REP. BY COMM. AND SECY.
REVENUE AND DISASTER MANAGEMENT DEPTT.
DISPUR
GHY
3:THE DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
4:THE ADDL. DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
5:THE CIRCLE OFFICER
SONAPUR REVENUE CIRCLE
SONAPUR
KAMRUP (M)
ASSAM- 782402
6:DEPTT. OF INDUSTRY AND COMMERCE
GOVT. OF ASSAM
DISPUR
GHY-5
REP. BY ITS COMM. AND SECY.
7:DISTRICT INDUSTRIES AND COMMERCE CENTER (DIC)
KAMRUP
BAMUNIMAIDAM
GHY-21
REP. BY ITS GENERAL MANAGER
8:ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL)
BIJULEE BHAWAN
5TH FLOOR
PALTANBAZAR
GHY-01
REP. BY THE CHIEF GENERAL MANAGER (D)
APDCL (LAR)
9:MINISTRY OF COMMERCE AND INDUSTRY
GOVT. OF INDIA
NEW DELHI- 110001 REP. BY ITS SECY. TO THE GOVT. OF INDIA
Page No.# 7/8
10:NORTH EASTERN DEVELOPMENT FINANCIAL INSTITUTTION (NEDFI)
HAVING ITS OFFICE AT SANKET VIHAR
SORUMOTORIA
G.S.ROAD
GHY-06
ASSAM
REP. BY ITS GENERAL MANAGER
11:PUNJAB NATIONAL BANK
A NATIONALIZED BANK REP. BY ITS CHIEF GENERAL MANAGER
FANCY BAZAR BRANCH
LIC BUILDING
S.S.ROAD
GHY-01
12:CHIEF INSPECTOR OF FACTORIES
ASSAM
NEAR NPS INTERNATIONAL SCHOOL LANE
BETKUCHI
LALUNG GAON
LOKHRA
GHY
ASSAM
For the petitioner (s) : Mr. N. Gautam, Advocate
For the respondent (s) : Mr. A. Choudhury, Sr. Advocate
Ms. B. Choudhury, Advocate
Mr. S. Dutta, Sr. Advocate
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
14.11.2024 Heard Mr. N. Gautam, the learned counsel appearing on behalf of the petitioner. Also heard Mr. A. Choudhury, the learned senior counsel assisted by Ms. B. Choudhury, the learned counsel Page No.# 8/8 appearing on behalf of the private respondents as well as Mr. S. Dutta, the learned counsel appearing on behalf of the Punjab National Bank.
2. Mr. A. Choudhury, the learned senior counsel appearing on behalf of the private respondents submits that the instant proceedings is not maintainable in as much as the petitioner herein has assailed the order passed by the Deputy Commissioner in the instant proceedings though the petitioners for reasons best known have not challenged the Appellate order passed by the learned Assam Board of Revenue. The learned senior counsel submitted that in view of the doctrine of merger, the instant proceedings is misconceived. The learned senior counsel appearing on behalf of the private respondents further submitted that this very aspect of the matter is reflected in the pleadings of the private respondents. However, the petitioners did not take steps.
3. Be that as it may, Mr. N. Gautam, the counsel for the petitioners submitted that he is not prepared and sought for another date. Accordingly, for the ends of justice, the matter is directed to be listed on 17.12.2024 at the top of the list.
JUDGE Comparing Assistant