Gauhati High Court
The State Of Assam And Anr vs Mridul Kumar Lashkar And Anr 9 Ors on 25 September, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/12
GAHC010114762020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1385/2020
1:THE STATE OF ASSAM AND ANR
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
AGRICULTURE DISPUR, GUWAHATI-781006
2: THE DIRECTOR OF AGRICULTURE
KHANAPARA
GUWAHATI-78102
VERSUS
1:MRIDUL KUMAR LASHKAR AND ANR 9 ORS
A PROPRIETORSHIP FIRM, REP. BY ITS PROPRIETOR SRI MRIDUL KUMAR
LASKAR, HAVING ITS OFFICE AT TRIPURA ROAD, 1 NO. UDAYAN PATH,
BELTOLA, GUWAHATI-781028, DIST. KAMRUP (M), ASSAM
2:MRIDUL KUMAR LASHKAR
S/O LT. SURENDRA MOHAN LASKAR
R/O NIPCEED ROAD
NEAR CENTRAL SCHOOL KHANAPARA
2ND BYLANE HOUSE NO. 13
GUWAHATI-781022
DIST. KAMRUP (M)
ASSAM
3:THE ASSAM SEEDS CORPORATION
REP. BY ITS MANAGING DIRECTOR
KHANAPARA
GUWAHATI-781022
4:THE GENERAL MANAGER
MARKETING ASSAM SEEDS CORPORATION
KHANAPARA
Page No.# 2/12
GUWAHATI-781022
5:M/S KHAN BROTHERS
REP. BY ITS PROPRIETOR ATIQUEL KHAN
HAVING ITS OFFICE AT T.R. PHOOKAN
ROAD
MACHKHOWA
GUWAHATI-781009
DIST. KAMRUP (M)
ASSAM
6:RASHI SEEDS PRIVATE LTD.
REP. BY ITS PRODUCT MANAGER
SRI JASMEET SINGH
HAVING ITS OFFICE AT COMBAITORE
TAMIL NADU
7:TRINETRA SUPPLY CENTRE
REP. BY SRI BASANT CHANDAK
HAVING ITS OFFICE AT 5TH FLOOR
DIHANG ARCADE
G.S. ROAD
GUWAHATI-05
8:MAHALAKSHMI ENTERPRISE
REP. BY SRI SURYA SAIKIA
HAVING ITS OFFICE AT HOUSE NO. 2
CHITRABAN PATH
KALYANI NAGAR
KAHILIPARA
GUWAHATI-19
9:GARV ENTERPRISE
REP. BY SRI BIKASH JALAN
HAVING ITS OFFICE AT WARD NO. 3
SHANTI NAGAR
KOKRAJHAR
PIN-783380
10:NILIMA ENTERPRISE
REP. BY SRI SOUMENDRA SAIKIA
HAVING ITS OFFICE AT SANDHYA NAGAR
Page No.# 3/12
LALMATI
GUWAHATI-
Advocate for the Petitioner :
Advocate for the Respondent : MR R SINGHA
Linked Case : WP(C) 379/2020
1:MRIDUL KUMAR LASHKAR AND ANR.
A PROPRIETORSHIP FIRM
REP. BY ITS PROPRIETOR SRI MRIDUL KUMAR LASKAR
HAVING ITS OFFICE AT TRIPURA ROAD
1 NO. UDAYAN PATH
BELTOLA
GUWAHATI-781028
DIST. KAMRUP (M)
ASSAM
2: MRIDUL KUMAR LASHKAR
S/O LT. SURENDRA MOHAN LASKAR
R/O NIPCEED ROAD
NEAR CENTRAL SCHOOL KHANAPARA
2ND BYLANE HOUSE NO. 13
GUWAHATI-781022
DIST. KAMRUP (M)
ASSAM
VERSUS
1:THE STATE OF ASSAM AND 9 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
AGRICULTURE DISPUR
GUWAHATI-781006
2:THE DIRECTOR OF AGRICULTURE
KHANAPARA
GUWAHATI-781022
3:THE ASSAM SEEDS CORPORATION
REP. BY ITS MANAGING DIRECTOR
KHANAPARA
GUWAHATI-781022
Page No.# 4/12
4:THE GENERAL MANAGER
MARKETING ASSAM SEEDS CORPORATION
KHANAPARA
GUWAHATI-781022
5:M/S KHAN BROTHERS
REP. BY ITS PROPRIETOR ATIQUEL KHAN
HAVING ITS OFFICE AT T.R. PHOOKAN
ROAD
MACHKHOWA
GUWAHATI-781009
DIST. KAMRUP (M)
ASSAM
6:RASHI SEEDS PRIVATE LTD.
REP. BY ITS PRODUCT MANAGER
SRI JASMEET SINGH
HAVING ITS OFFICE AT COMBAITORE
TAMIL NADU
7:TRINETRA SUPPLY CENTRE
REP. BY SRI BASANT CHANDAK
HAVING ITS OFFICE AT 5TH FLOOR
DIHANG ARCADE
G.S. ROAD
GUWAHATI-05
8:MAHALAKSHMI ENTERPRISE
REP. BY SRI SURYA SAIKIA
HAVING ITS OFFICE AT HOUSE NO. 2
CHITRABAN PATH
KALYANI NAGAR
KAHILIPARA
GUWAHATI-19
9:GARV ENTERPRISE
REP. BY SRI BIKASH JALAN
HAVING ITS OFFICE AT WARD NO. 3
SHANTI NAGAR
KOKRAJHAR
PIN-783380
10:NILIMA ENTERPRISE
REP. BY SRI SOUMENDRA SAIKIA
HAVING ITS OFFICE AT SANDHYA NAGAR
LALMATI
GUWAHATI-3
Page No.# 5/12
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : SC. AGRICULTURE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 25-09-2020 Heard Mr. D. Saikia, learned Senior counsel for the applicants/State respondents and Mr. U.K. Nair, learned Senior counsel for the opposite party nos. 1 & 2/writ petitioners.
2. It is the case of parties that Agriculture Department in the Government of Assam had received funds for the year : 2019 - 2020 under National Food Security Mission (NFSM) and Rashtriya Kisan Vikas Yojana (RKVY) for procurement of seeds in order to distribute the seeds amongst the farmers in the State through the offices of the District Agricultural Officers of the districts. In that connection, an E-Procurement Notice (NIT, for short) was published on 05.02.2019 by Assam Seeds Corporation (ASC) Limited as the implementing agency, whereby, bids were invited from eligible bidders for fixation of sale prices for supply of Certified & Truthfully Labelled Seeds [(Group-A) (Part I)]; Certified & Truthfully Labelled Seeds [(Group- A) (Part II)]; Group B : Hybrid Seeds; and Group C : Hybrid Vegetable Seeds.
2.1. The subject-matter in the connected writ petition, W.P.(C) No. 379/2020, is with regard to the two sub-categories of Hybrid Maize seeds coming under Group B : Hybrid Seeds. After receipt of bids, a meeting of the Tendering/Departmental Bid Committee was held on 02.05.2019. Apart from few other bidders, technical bid of the opposite party no. 1/writ petitioner was also found responsive. Thereafter, another meeting of the Departmental Bid Committee was held on 29.05.2019 wherein the technically responsive bids submitted by companies who directly participated in the tender process, and authorized dealers, inter-alia, in respect of Hybrid Maize seeds were considered.
2.2. The opposite party no. 1 & 2/writ petitioners (hereinafter referred to as the opposite Page No.# 6/12 party/writ petitioner, for easy reference) is an authorized dealer in respect of Hybrid Maize seeds viz. Bisco-Champion 61 and Bisco-97 Gold. Apart from those two varieties of Hybrid Maize seeds, seeds of other varieties and other bidders were also shortlisted by the Departmental Bid Committee on 29.05.2019. The Departmental Bid Committee had also approved the prices/rates of all the varieties of shortlisted Hybrid Maize seeds. While inviting the bids, the tendering authority had also asked the bidders to quote the quantities that could be supplied by the bidders, if shortlisted.
2.3. Subsequent to such short listing and approval of prices/rates, the Director of Agriculture, Assam directed the Managing Director, ASC Limited to place indents for supply of Hybrid Maize seeds on different dates to be delivered at the offices of District Agricultural Officers of different districts.
2.4. The opposite party/writ petitioner was given 6 nos. of indents for supply of his two shortlisted varieties of seeds viz. Bisco-Champion 61 and Bisco-97 Gold vide work orders pursuant to Letter of Indent bearing No. Agri/RKVY-RFTAAR/579/Maize/ 2019-20/19 dated 13.09.2019, Letter of Indent bearing No. Agri/RKVY-RAFTAAR/579/ Maize/2019-20/102 dated 17.09.2019, Letter of Indent bearing No. Agri/RKVY-RAFTAAR/579/Maize/2019-20/311 dated 17.09.2019. Accordingly, the opposite party/writ petitioner had supplied the said seeds so ordered satisfactorily. Similar to the indents placed with the opposite party/writ petitioner for supply of Hybrid Maize seeds, indents were also placed for supply of other shortlisted varieties of Hybrid Maize seeds by the State respondent authorities in favour of other shortlisted bidders.
3. The opposite party/writ petitioner has preferred the connected writ petition assailing two letters of indent, both dated 31.12.2019, whereby, the Director of Agriculture, Assam directed the Managing Director, ASC Limited to make necessary arrangements for supply of Hybrid Maize seeds of the varieties - Bio-9544 (225 Qtls.), RMH-4588 (200 Qtls.), Yubraj Gold (275 Qtls.), Vivek Maize 47 (675 Qtls.) DHM-117 (400 Qtls.) and Sun Vaaman (150 Qtls.). It is the contention of the opposite party/writ petitioner that there were demands of his two varieties of Hybrid Maize seeds - Bisco-Champion 61 and Bisco-97 Gold - also. The opposite Page No.# 7/12 party/writ petitioner has preferred the writ petition contending that despite demands of his two varieties of Hybrid Maize seeds from various districts, the opposite party/writ petitioner has been deprived from supplying the said two varieties for which he had already built up stocks of 1000 Qtls. each. Assailing the said two indents dated 31.12.2019 and seeking a direction to restrain the State respondents from issuing further work orders for supply of the seeds in future with respect to the NIT dated 05.02.2019 the writ petition, W.P.(C) No. 379/202, has been preferred.
4. Though initially, no interim order was passed on 22.01.2020 but at a subsequent date on 13.02.2020, an interim order has been passed whereby it has been ordered to maintain status quo as on 13.02.2020 in respect of issuance of further indents.
5. The interlocutory application has been filed seeking vacation/modification/altercation of the said interim order dated 13.02.2020 by the State of Assam in the Department of Agriculture and other functionaries.
5.1. In the application, the applicants have pleaded that for the last 6 (six) months due to Covid-19 pandemic situation, everything in the country has come to a standstill and it has affected the farmers in the State substantially. The situation has been also aggravated because of two recent floods in the State which had damaged the standing summer paddy vegetables along with Maize crops, etc. and that have immensely affected the farmer community in the State economically. As Assam is predominantly an agriculture dependent State and the agriculture depends on seasons, the State Government in the Agriculture Department in order to mitigate the harsh situation has initiated some beneficial steps for the farmers one of which is Maize cultivation.
5.2. It is also pleaded that though Maize is not a traditional crop like paddy, in the State but its cultivation is considered important to increase the income of the farmers as well as the State. Maize is cultivated in Assam in two seasons namely, Rabi season and Kharif season. The applicants/State respondents have stated that the sowing time of Rabi season has started from 15th September and it would continue only up to mid-October. More than 1 lakh Page No.# 8/12 farmers in the State are involved in Maize cultivation and their livelihood is largely dependent on the outcome of the Maize cultivation of Rabi season. It is of utmost importance that seeds are sown during the period from 15 th September to mid-October. Thus, under the various funds provided by the Central Government, the Department of Agriculture has been providing Hybrid Maize seeds and other inputs to the Maize growers for supporting the cost of inputs and higher earnings. The higher productivity in Maize would benefit the farmer community and all others connected with Maize cultivation during the present unprecedented situation arising out of Covid-19 pandemic.
6. Mr. Saikia, learned Senior counsel for the applicants have submitted that the Department of Agriculture have received requisitions from District Agriculture Officers who, in turn, have got requests from the farmers for supply of Hybrid Maize seeds. He has further submitted that though the Departmental Bid Committee in its meeting dated 29.05.2019 had observed that the prices/rates approved would remain valid for a period of 1 (one) year but considering the prevailing situation due to Covid-19 pandemic and other reasons, the State Government in the Agriculture Department has accorded its approval on 22.05.2020 for extension of the validity of the existing approved rates of seeds of all groups of the NIT for the year 2019-2020 for a further period of 6 (six) months from the date of expiry or till discovery of new rates, whichever is earlier. In view of receipt of requisitions from the District Agriculture Offices of various districts and extension of the validity period of the approved rates of seeds for a further period of 6 (six) months, the Department has decided to provide Hybrid Maize seeds to the farmers through the District Agriculture Offices on the basis of the demands received by them from the farmers. In support of his such submission, certain requisitions received from the District Agriculture Officers of the districts of Karbi Anglong, Kamrup (R), Kamrup (M), Bongaigaon, Dibrugarh, Dhubri, Hojai, Biswanath Chariali and Goalpara have been annexed to the application as Annexure-A2 series. He has, therefore, submitted that the order of status quo passed on 13.02.2020 may be vacated/modified/altered so as to enable the Department of Agriculture to supply the Hybrid Maize seeds to the farmers through the District Agriculture Officers as the greater public interest is involved, more particularly, the interests of the farmers who have been seriously Page No.# 9/12 affected for the reasons, alluded above, are involved as they would be supplied the seeds free of cost. He has further submitted that the opposite party/writ petitioner was already given work orders worth Rs. 240.17 lakhs out of the total funds of Rs. 1438.20 lakhs through 6 (six) indents of supply and, thus, it cannot be said that the opposite party/writ petitioner has been discriminated.
7. Contesting the submissions of Mr. Saikia with regard to the requisitions received from the District Agriculture Officers of the districts mentioned above, Mr. Nair, learned Senior counsel for the opposite party/writ petitioner has submitted that the requisitions which are annexed to this interlocutory application have indicated only about Hybrid Maize seeds of shortlisted varieties other than Bisco-Champion 61 and Bisco-97 Gold, the validity periods of many have already expired. It is his submission that the applicants/State respondents have adopted pick and chose method. He has asserted that there are demands from the farmers for Bisco-Champion 61 and Bisco-97 Gold also from various districts. In support of his such submission, he has referred to the documents annexed as Annexure-2 (Colly) to the affidavit- in-opposition filed on behalf of the opposite party/writ petitioner to this interlocutory application. It is submitted by him referring to those documents, that the requisitions in respect of Bisco-Champion 61 and Bisco-97 Gold have also been received from the District Agriculture Officers of the districts of Karimganj, Dhubri, Biswanath Chariali, Nagaon, Darrang, Dibrugarh, Golaghat and Majuli by the Director of Agriculture, Assam. He has submitted that the opposite party/writ petitioner as on date, could lay his hands only on the documents which it has annexed to the interlocutory application but there could be more such requisitions from other districts also. But for reasons best known to the applicants, they have not brought those requisitions on record, he submits. He has further submitted that the varieties for which the opposite party/writ petitioner has been selected have shown giving more yields in comparison to certain other varieties of shortlisted Hybrid Maize seeds. Therefore, he contends that exclusion of the varieties - Bisco-Champion 61 and Bisco-97 Gold - in the requisitions annexed to the interlocutory application appears to be arbitrary and the same does to show that the applicants/State respondents are adversely disposed towards the opposite party/writ petitioner.
Page No.# 10/12
8. In reply, learned Senior counsel for the applicants/State respondents has submitted that not all requisitions received from the districts of Assam have been to the interlocutory application as Annexure-A2 series, but only few copies have been annexed as samples. He has submitted that the case of the opposite party/writ petitioner would also be considered if the interim order is modified.
9. I have considered the respective contentions advanced by the learned counsel for the parties and perused the documents annexed to this interlocutory application as well as the affidavit-in-opposition filed on behalf of the opposite party/writ petitioner. I have also perused the materials available in the records of connected writ petition, W.P.(C) No. 379/2020.
10. The dominant purpose for initiating the tender process vide NIT dated 05.02.2019 was to supply various seeds to the members of the farmer community throughout the length and breadth of the State through the district-level offices of the Agriculture Department i.e. the District Agricultural Officers so that the farmers can get the various high yield varieties of seeds ahead of respective sowing season. Though initially the tender process was initiated only to keep the approved price/rate of the seeds alive for a period of 1 (one) year from 29.05.2019, however, due to unprecedented situation arising out of Covid-19 pandemic and various other reasons, the Government in the Department of Agriculture took a decision to extend the validity of the approved prices/rates for a further period of 6 (six) months and accordingly, the same was done on 22.05.2020.
11. This Court has taken note of the fact that the State has been undergoing an unprecedented situation due to Covid-19 pandemic since March, 2020. The situation has further been aggravated by two floods which had ravaged the entire State which is primarily dependent on agriculture and it had damaged the cultivations extensively. As a result, the farmers in the State have been deprived of the benefits they were expecting to reap out of their cultivations and hard labour.
12. From the submissions of the learned counsel for the parties and the documents annexed to the interlocutory application and the affidavit-in-opposition and the pleadings of Page No.# 11/12 the parties made in connection with the writ petition, it prima facie appears that requisitions are received from the District Agriculture Officers of various districts for the shortlisted varieties of Hybrid Maize seeds for the ensuing Rabi season the sowing season for which is likely to last till mid-October. The interests of the suppliers of Hybrid Maize seeds are intricately connected and draped with the interests of the farming community. The larger public interest of agricultural production of the State is also involved in the process. Upon due consideration of the factors like irreparable loss and balance of convenience along with prima facie case in the perspective, this Court is of the considered view that certain measures are necessary so that the farmers in the State of Assam do not lose the present opportunity to take the benefits of Maize cultivation in the ensuing Rabi season which they would get through supply of Hybrid Maize seeds on free of cost basis. In such view of the matter, the interim order dated 13.02.2020 as regards maintaining of status quo in respect of issuance of further indents in so far as Hybrid Maize seeds are concerned, is required to be modified to a certain extent.
13. As the contention of the learned Senior counsel for the opposite party/writ petitioner that requisitions have also been received in respect of his two varieties of Hybrid Maize seeds from different districts, has also some prima facie basis, it is required on the part of the applicants/State respondents to verify as to whether such requisitions have been received from the District Agriculture Officers. Moreover, the factors like demand from the farmer community in respect of particular varieties of seeds, yield reports of different varieties of seeds and validity periods of the shortlisted seeds to be supplied, etc. are also relevant aspects.
14. In the light of the fact situation obtaining in the case emerged from the discussions above, this Court considers it appropriate to direct the respondent applicants/State respondents, more particularly, the Price Finalization Committee that it will first take into consideration the requisitions received from the District Agriculture Officers of various districts in the State of Assam as regards demands of various shortlisted varieties of Hybrid Maize seeds and all other relevant aspects like yield reports of various varieties of seeds, validity periods of the shortlisted seeds to be supplied, etc. in consultation and as per the direction of Page No.# 12/12 the respondent no. 1 i.e. the Principal Secretary to the Government of Assam, Agriculture Department. It is observed that it is only after such consideration the matter be placed before the Government to place further indents in respect of Hybrid Maize seeds are concerned. It is made clear that this order is made limited only with regard to the supply of already shortlisted Hybrid Maize seeds in the meeting of the Departmental Bid Committee held on 29.05.2019, for the ensuing Rabi season only, which according to the applicants/State respondent, would last till mid-October, 2020.
15. With the observations made and directions given above, the interim order dated 13.02.2020 stands modified to the extent indicated. The interlocutory application stands accordingly, disposed of.
JUDGE Comparing Assistant