Dismissed

Borduar G.P.S.S. Ltd. and 25 Ors. v. Kamal Kumar Baishya, Acs and Anr.

Gauhati HC4 Apr 2022Cont.Cas(C)/459/2018

Case brief

AI extract

What is this about?

Disposal of a Contempt Petition where petitioners failed to challenge the respondent authorities' findings that they had already realized transportation costs for AAY rice from Fair Price Shops, rendering the contempt petition meritless.

What did the court decide?

The Contempt Petition stands dismissed for being without merit as the impugned findings were not challenged.

Borduar G.P.S.S. Ltd. and 25 Ors. Vs Kamal Kumar Baishya, Acs and Anr. — Gauhati HC (2022) — LawSathi Research

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GAHC010219892018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Cont.Cas(C)/459/2018

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BORDUAR G.P.S.S. LTD. AND 25 ORS. REP. BY ITS CHAIRMAN- SRI ADITYA RABHA, SON OF LATE PARESH RABHA, R/O. VILLAGE- BARJHAR, P.O. BARDUAR, DIST- KAMRUP(R), ASSAM, PIN- 781120.

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2: UTTAR RAMPUR G.P.S.S. LTD. REP. BY ITS CHAIRMAN- SRI PRADIP AGARWAL S/O- LT. KESHRICHAND R/O- VILL. BIJOY NAGAR P.O.- BIJOY NAGAR DIST.- KAMRUP(R) ASSAM PIN- 781122.

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3: DAKHIN CHAYANI G.P.S.S. LTD. REP. BY ITS SECRETARY- SRI BINAY DAS S/O- LATE KALIRAM DAS R/O- VILL. PARAKUCHI P.O.- MONIARI TINIALI DIST.- KAMRUP(R) ASSAM. PIN- 781125.

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4: RANI BHOLAGAON G.P.S.S. LTD. REP. BY ITS CHAIRMAN- CHERAJ ALI S/O- LATE NAJIR ALI R/O. VILL- BHOLAGAON P.O.- SIKARIHATI DIST. KAMRUP(R) ASSAM. PIN- 781125.

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5: CHAMPAK NAGAR G.P.S.S. LTD. REP. BY ITS CHAIRMAN- SRI PRAFULLA MEDHI S/O- LATE LALCHARAN MEDHI R/O- VILL. NO.1 BALASIDHI MAJPARA

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Page No.# 2/7

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P.O.- CHAYGAON DIST. KAMRUP(R) ASSAM PIN- 781124. 6: BEKELI G.P.S.S. LTD. REP. BY ITS CHAIRMAN- SRI KARTIK RABHA S/O- LATE JAPAN RABHA R/O- VILL. BANDAPARA P.O. BIJOY NAGAR DIST- KAMRUP(R) ASSAM PIN- 781135. 7: LUKI G.P.S.S. LTD. REP. BY ITS SECRETARY- SRI MRIGEN RABHA S/O LATE INDRA MOHAN RABHA R/O. VILL- CHUKUNIAPARA P.O. SINGRA DIST. KAMRUP(R) ASSAM PIN- 781135. 8: BOKO G.P.S.S. LTD. REP. BY ITS CHAIRMAN- SRI KARNABHUSAN S/O LATE CHIRO NATH RADHA R/O.VILL- CHOKABAHA P.O. BOKO DIST. KAMRUP(R) ASSAM. PIN- 781123.

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9: SARAIGHAT G.P.S.S. LTD. REP. BY ITS CHAIRMAN- SRI SISIR LAHKAR S/O LATE LALIT CH. LAHKAR R/O- VILL. BHOBATARI P.O. SANGSARI DIST. KAMRUP(R) ASSAM PIN- 781101. 10: NO. 2 HAJO G.P.S.S. LTD. REP. BY ITS CHAIRMAN- SRI PRADIP KUMAR BORA S/O. LATE MAHIRAM BORA R/O. VILL.- MANASH KUCHI P.O. MANASH KUCHI DISTRICT- KAMRUP(R) ASSAM. PIN- 781104.

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11: BANGAON G.P.S.S. LTD. REP. BY ITS CHAIRMAN- AKMAL HUSSAIN S/O. ARAZUDDIN AHMED R/O. VILL. NO. 1 JAMBARI P.O. JAMBARI DIST. KAMRUP(R) ASSAM PIN- 781141.

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12: SONTOLI G.P.S.S. LTD.

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REP. BY ITS SECRETARY- ABDUL MATLEB S/O. LATE BANDESH ALI R/O. VILL- MAHATOLI P.O.- MAHATOLI DIST. KAMRUP(R) ASSAM. PIN- 781136.

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13: PACHIM BONGSHAR G.P.S.S. LTD.

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REP. BY ITS CHAIRMAN- SRI AJIT KALITA S/O. LATE UPENDRA KAILTA R/O VILL- BAMUNDI P.O. BAMUNDI DIST. KAMRUP(R) ASSAM PIN- 781103.

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14: NO. 1 RAMDIA G.P.S.S. LTD.

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REP. BY ITS CHAIRMAN- GOLAP ALI S/O LATE MOHAMMAD ALI R/O. VILL- UZANKURI P.O. UZANKURI DIST. KAMRUP(R) ASSAM PIN- 781102.

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15: PUB CHAMARIA G.P.S.S. LTD.

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REP. BY ITS CHAIRMAN- AJGAR ALI S/O- LATE AFSAR ALI R/O. VILL- MERGENDA P.O. HATIPARA DIST. KAMRUP(R) ASSAM PIN- 781141.

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16: CHAMARIA SATRA G.P.S.S. LTD. REP. BY ITS CHAIRMAN- RAMJAN ALI S/O. LATE BAKTAR ALI R/O VILL.- BARUAGAON P.O. BARUAGAON DIST. KAMRUP(R) ASSAM PIN- 781136. 17: NO. 2 PUB BONGSHOR G.P.S.S. LTD.

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REP. BY ITS CHAIRMAN- IDRISH ALI CHOUDHURY S/O. LT. BANESWAR SHEIKH R/O VILL- DADARA .O. DADARA DIST. KAMRUP(R) ASSAM PIN- 781104. 18: NO. 1 PUB BONGSHOR G.P.S.S. LTD.

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REP. BY ITS CHAIRMAN- SRI TIRTHA NATH KAKATI S/O- LT. BHOLANATH KAKATI R/O- VILL- MATIPARBAT P.O.- SUWAL KUCHI DIST. KAMRUP(R) ASSAM PIN- 781103. 19: GOROIMARI G.P.S.S. LTD. REP. BY ITS SECRETARY- GULAM MUSTAFA S/O HAZARAT ALI R/O- VILL- TUKRAPARA P.O. TUKRAPARA DIST. KAMRUP(R) ASSAM PIN- 781137. 20: UTTARCHAYANI G.P.S.S. LTD. REP. BY ITS CHAIRMAN- SRI MANTU KUMAR TALUKDAR S/O. LATE ABANI KR. TALUKDAR R/O. VILL- GODEBARI P.O. PALASHBARI DIST. KAMRUP(R) ASSAM

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PIN- 781128.

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21: TUPAMARI G.P.S.S. LTD. REP. BY ITS CHAIRMAN- SULEMAN ALI S/O. LT. DANES ALI R/O. VILL. NATUN BADLA P.O. TUPAMARI DIST. KAMRUP(R) ASSAM PIN- 781127. 22: NAGARBERA G.P.S.S. LTD. REP. BY ITS CHAIRMAN- SRI RUDRA BAHADUR BHANDARY S/O. RAM BAHADUR CHETRY R/O. VILL- HEKERA P.O. HEKERA DIST. KAMRUP(R) ASSAM PIN- 781127.

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23: CHHAYGAON PANTAN G.P.S.S. LTD.

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REP. BY ITS CHAIRMAN- SRI KALI KANTA THAKURIA S/O- LT. MOHAN THAKURIA R/O. VILL- MAJPARA P.O. CHHAYGON DIST. KAMRUP(R) ASSAM. PIN- 781124. 24: 1 NO. HAJO G.P.S.S. LTD.

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REP. BY ITS CHAIRMAN- SRI JIBESWAR MAZUMDAR S/O. LT. AMULYA MAZUMDAR R/O. VILL.- MAJAR CHUPA P.O.- HAJO DIST. KAMRUP(R) ASSAM. PIN- 781102.

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25: NO. 2 RAMDIA G.P.S.S. LTD.

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REP. BY ITS CHAIRMAN- IMRAN HUSSAIN S/O. LT. FAIZUR RAHMAN R/O. VILL- SANIADI P.O. SANIADI DIST. KAMRUP(R) ASSAM. PIN- 781102.

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Page No.# 6/7

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26: DAKHIN RAMPUR G.P.S.S. LTD.

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REP. BY ITS SECRETARY- SRI NILOTPAL KALITA S/O. LT. PRABHAT KALITA RESIDENT OF VILLAGE- HAKARAPAR P.O. BHOGABATIPARA DIST. KAMRUP(R) ASSAM. PIN- 781132 VERSUS

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KAMAL KUMAR BAISHYA, ACS AND ANR. DEPUTY COMMISSIONER, KAMRUP(R), AMINGAON, DIST- KAMRUP(R), ASSAM, PIN- 781031.

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2:BIREN MITTAL IAS DEPUTY COMMISSIONER KAMRUP(METRO) DIST.- KAMRUP(M) ASSAM PIN- 781001

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Advocate for the Petitioner : MR. B RAHMAN Advocate for the Respondent : MR. A GOGOI (R2)

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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04-04-2022

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Heard Mr. B. Rahman, learned counsel for the petitioners and Mr. M. Das, learned counsel for the respondent/contemnor No. 1. Also heard Mr. S. R. Baruah, learned counsel for the respondent/contemnor No. 2.

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The Court by order dated 18.09.2017 passed in WP(C) No. 6326/2016 directed the Deputy Commissioner, Kamrup (R), Amingaon as well as the Deputy Commissioner, Kamrup (M), Guwahati to undertake a verification exercise relating to the claims of the petitioners and if on such verification, it is found that the payments are due, necessary steps to be taken by them towards disbursal of the same to the deserving petitioners and further, directed to complete the entire process within a period

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of 4 (four) months.

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By filing an affidavit in this matter, the Deputy Commissioner, Kamrup (R), Amingaon, respondent No. 1 placed before the Court that both, he and the Deputy Commissioner, Kamrup (M), Guwahati duly verified the matter, carried out the verification exercise under their control to ascertain whether the petitioners’ Samabay Samittees had already realized transportation cost of AAY rice for the period from 2008 to 2015 or not.

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During such verification, the authorities found that the petitioners’ Samabay Samittees had already realized the transportation cost of AAY rice for the period from July, 2008 to October, 2015 from the Fair Price Shop (FPS) Dealers under their respective areas by selling rice exceeding Rs. 300 per quintal during the said period and similarly in turn, the FPS Dealers concerned had also reimbursed the transportation cost realized by such Samabay Samittees from them by selling the rice exceeding of Rs. 3/- per kg to the beneficiaries of AAY holders.

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Such verification exercise was done through the Inspectors/Sub-Inspectors of Food, Civil Supplies and Consumer Affairs and necessary orders in that regard were issued to the petitioners in March, 2019 itself.

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It is seen that such findings of the respondent authorities issued in March, 2019 in compliance of the order dated 18.09.2017 passed in WP(C) No. 6326/2016 have not been challenged.

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Moreover, it is seen that the Deputy Commissioner, Kamrup (R), Amingaon, respondent No. 1 though filed its affidavit in the matter on 24.04.2019 itself by serving a copy of the same on the counsel for the petitioners, but the petitioners have not filed any reply to the same till date.

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Considering the entire aspect of the matter, this Court found no such willful disobedience and non-compliance of the order dated 18.09.2017 passed in said WP(C) No. 6326/2016.

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Accordingly, this Contempt Petition being without any merit stands dismissed.

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JUDGE

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Comparing Assistant

Borduar G.P.S.S. Ltd. and 25 Ors. v. Kamal Kumar Baishya, Acs and Anr.

Case brief

What is this about?

What did the court decide?

Borduar G.P.S.S. Ltd. and 25 Ors. v. Kamal Kumar Baishya, Acs and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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