The Gauhati High Court allowed the withdrawal of two writ petitions filed by M/s Mohanpur GPSS Ltd. against the State of Assam, with liberty to challenge the subsequent appellate order.
Writ petitions allowed to be withdrawn with liberty to file afresh to challenge the appellate order dated 12.05.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010222062021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7224/2021
M/S MOHANPUR GPSS LTD. AND ANR.
REP BY ITS CHAIRMAN NAMELY NIZAM UDDIN BARBHUIYA, S/O- LATE ISAK ALI BARBHUIYA, VILL- MOHANPUR , P.O- MOHANPUR, DISTHAILAKANDI, ASSAM,PIN- 788150
2: NIZAM UDDIN BARBHUIYA S/O- LATE ISAK ALI BARBHUIYA R/O VILL- MOHANPUR P.O- MOHANPUR DIST- HAILAKANDI ASSAM PIN- 78815
VERSUS
THE STATE OF ASSAM AND 4 ORS.
TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT, OF ASSAM, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT,DISPUR, GUWAHATI-06
2:THE DIRECTOR
FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GHY-05
3:THE DEPUTY COMMISSIONER HAILAKANDI P.O AND DIST- HAILAKANDI ASSAM PIN-788151
4:THE ASSISTANT DIRECTOR
FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS
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HAILAKANDI P.O AND DISTRICT- HAILAKANDI ASSAM PIN-788151
5:THE AREA OFFICER CUM SUB INSPECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS HAILAKANDI P.O AND DISTRICT- HAILAKANDI ASSAM PIN-78815
Advocate for the Petitioner : MR. JYOTIRMOY ROY
Advocate for the Respondent : GA, ASSAM
WP(C)/2332/2022
M/S MOHANPUR GPSS LTD AND 2 ORS REP. BY ITS CHAIRMAN NAMELY NIZAM UDDIN BARBHUIYA AGE 47 YEARS S/O- LATE ISAK ALI BARBHUIYA VILL. MOHANPUR P.O. MOHANPUR DIST.- HAILAKANDI ASSAM PIN- 788150. 2: NIZAM UDDIN BARBHUIYA SON OF LATE ISAK ALI BARBHUIYA R/O- VILL. MOHANPUR P.O. MOHANPUR DIST.- HAILAKANDI ASSAM PIN- 788150.
3: JABED HUSSAIN LASKAR THE SECRETARY OF M/S MOHANPUR GPSS LTD S/O- AFTAB UDDIN LASKAR R/O- VILL. ALGAPUR PT-1 P.O. KALIBARI BAZAR P.S. ALGAPUR DIST.- HAILAKANDI ASSAM PIN- 788150. VERSUS
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THE STATE OF ASSAM AND 5 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT. DISPUR GHY.-6. 2:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI-5. 3:THE DY. COMMISSIONER HAILAKANDI P.O. AND DIST.- HAILAKANDI ASSAM PIN- 788151. 4:THE ASSISTANT DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM PIN- 788151. 5:THE AREA OFFICER-CUM-SUB-INSPECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM PIN- 788151. 6:THE SUB-DIVISIONAL OFFICER (SADAR) FCS AND CA HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM PIN- 788151. -----------Advocate for : G UDDIN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
02.06.2023
In terms of the order dated 09.03.2023 passed by this Court, the Deputy Commissioner, Hailakandi has considered the appeals of the petitioners and have disposed of the same vide order dated 12.05.2023.
The aforesaid order is brought on records by both the learned counsel for the petitioners by filing an additional-affidavit as well as Ms. D Das Barman, learned State Counsel, Assam by placing the same before this Court.
A perusal of the order reveals that the appeals have been rejected and the cancellation order has been interfered with.
Shri G Uddin, learned counsel for the petitioners under such circumstances, submits that he may be allowed to withdraw the writ petitions with liberty to challenge the appellate order.
The aforesaid submission is not opposed, in principle, by the learned State Counsel.
Considering the aforesaid facts and circumstances, these writ petitions are allowed to be withdrawn, however, with liberty to file afresh in which, the appellate order dated 12.05.2023 may be put to challenge, if so advised.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioners are entitled to withdraw the writ petitions with liberty to challenge the appellate order.
M/s Mohanpur GPSS Ltd. and Anr.
The State of Assam and Ors.
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
