M/S Subhash Motors Vs the General Manager, N.F. Railways, and 2 Ors. — Gauhati HC (2026) — LawSathi Research

M/S Subhash Motors Vs the General Manager, N.F. Railways, and 2 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The communication dated 10-02-2022 issued by the Managing Director, AMDCL is set aside; the writ petitions stand disposed of, with liberty to respondent No. 3 to put in place measures, strictly in accordance with law, for protection of its interest regarding transportation of Assam-origin coal.

Issue for consideration

Whether the communication dated 10-02-2022 issued by the Managing Director, AMDCL, requiring verification of transit permits/supporting documents and a joint NOC before transportation of coal by rail rake from Assam stations, is sustainable in law. +1 more

Court's answer

The communication dated 10-02-2022 is not sustainable and is set aside.

Ratio / Principle

The requirements placed upon the railways by the respondent No. 3 through the communication dated 10-02-2022 place an unreasonable restriction on the freedom of trade, commerce and intercourse between the States.

Key takeaways

Given the stand taken by respondent No. 3, the stipulation in the communication dated 10-02-2022 could not have been made applicable to coal transported by the Railways on intents placed by coal transporters who had procured such coal from the States of Nagaland and Meghalaya.ratio¶225
The restrictions sought to be imposed by respondent No. 3, which is only an autonomous body under the Govt. of Assam, violate Article 304(b) of the Constitution; such reasonable restrictions can be imposed only by the Legislature of a State by law, and therefore could not be placed by respondent No. 3.ratio¶226

Detailed headnote1 paragraphs

Gauhati High Court (N. Unni Krishnan Nair, J.), 05-02-2026, WP(C)/442/2023 with numerous linked writ petitions: Challenge to a communication dated 10-02-2022 issued by the Managing Director, Assam Mineral Development Corporation Ltd. (AMDCL) to the Chief Freight Transportation Manager, N.F. Railway, requiring that transit permits/supporting documents of intending coal transporters be sent to AMDCL for verification and issue of NOC jointly with the Directorate of Geology and Mining, Assam, before transportation of coal by rail rake from any railway station in Assam. Petitioners procure coal in Nagaland and Meghalaya after complying with the requirements of those States and transport it by road to Assam for onward rail dispatch; the genuineness of their documents was not disputed; AMDCL's stated purpose was only to detect admixture of Assam-origin coal. Held: the requirement places an unreasonable restriction on the freedom of inter-State trade, commerce and intercourse; AMDCL, being merely an autonomous body under the Govt. of Assam, could not impose such restrictions, which under Article 304(b) only the Legislature of a State may impose by law; the stipulation is clearly not sustainable and is set aside. The setting aside does not preclude AMDCL from framing measures strictly in accordance with law to protect its interest vis-a-vis Assam-origin coal.

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GAHC010013882023

undefined

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

Case No. : WP(C)/442/2023

M/S JYS CONSTRUCTION

HAVING ITS OFFICE AT GARBHANGA, SIVASAGAR, ASSAM, REP. BY ITS DIRECTOR TAPASI BANARJEE, D/O- MANIK MAZUMDAR, R/O- ROOM NO. 408, BLOCK-C, HIMALAYA PLAZA, DANKUNI, HOOGLY, WEST BENGAL

VERSUS

THE GENERAL MANAGER AND 2 ORS NORTH EASTERN FRONTIER RAILWAYS, MALIGAON, GHY, ASSAM

2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R P ROAD DISPUR GUWAHATI- 781006 ASSA

Advocate for the Petitioner : MR. M K BORAH, MRS. P KASHYAP

Advocate for the Respondent : DY.S.G.I., MR. C K S BARUAH

Page No.# 2/37

Linked Case : WP(C)/5899/2022

JINGRU MINING PVT. LTD. REPRESENTED BY ONE OF ITS DIRECTOR- TSIRISE SANGTAM S/O VITOI KASHIBO SANGTAM AGED ABOUT 29 YEARS R/O FLAT NO. 05 HOUSE NO. 170 2ND FLOOR ELIM APARTMENT BANK COLONY DIMAPUR NAGALAND PIN-797113 VERSUS THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS AND 2 ORS. MALIGAON GUWAHATI ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI-781006 ASSAM -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS AND 2 ORS.

Linked Case : WP(C)/2077/2022

M/S GANESH ENTERPRISE PROPRIETORSHIP CONCERN OF SRI MAHESH KUMAR AGARWAL

Page No.# 3/37

UNIQUE PLAZA 2ND FLOOR TRIPURA ROAD BELTOLA GUWAHATI-781028. IN THE PRESENT PROCEEDINGS THE PETITIONER FIRM IN THE PRESENT PROCEEDINGS IS REPRESENTED BY SRI VIJAY KUMAR SINGHAL SON OF LATE KANHIYA LAL SINGHAL AGED ABOUT 81 YEARS UNIQUE PLAZA 2ND FLOOR TRIPURA ROAD BELTOLA GUWAHATI-781028. VERSUS THE GENERAL MANAGER NF RAILWAYS AND 2 ORS MALIGAON GUWAHATI ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI. 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI-781006 ASSAM -----------Advocate for : MR. A GOYAL Advocate for : SC RAILWAY appearing for THE GENERAL MANAGER NF RAILWAYS AND 2 ORS

Linked Case : WP(C)/5734/2022 M/S JYS CONSTRUCTION

Page No.# 4/37

HAVING ITS OFFICE AT GARBHANGA SIVASAGAR ASSAM REPRESENTED BY ITS PROPRIETOR- NIRAJ KUMAR SINGH SON OF SAWALIYA SINGH RESIDENT OF ROOM NO. 408 BLOCK-C HIMALAYA PLAZA DANKUNI HOOGLY WEST BENGAL.

VERSUS

THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS AND 2 ORS MALIGAON ASSAM. 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON ASSAM. 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD.

REPRESENTED BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI- 781006 ASSAM. -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS AND 2 ORS

Linked Case : WP(C)/8428/2022

M/S GOODWILL TRADERS PROPRIETOR MR. PRABIN JHA S/O SRI ARUN JHA AGED ABOUT 30 YEARS R/O GALI NO. 7

Page No.# 5/37

NH-7 BELTOLA GUWAHATI-781029 DIST-KAMRUP (M) ASSAM VERSUS THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS AND 2 ORS MALIGAON GUWAHATI ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI-781006 ASSAM -----------Advocate for : MR. M K BORAH Advocate for : DY.S.G.I. appearing for THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS AND 2 ORS

Linked Case : WP(C)/5240/2022

M/S DINESH GOWALA COAL DEPOT A PROPRIETORSHIP FIRM HAVING ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF BUSINESS AT DIGBOI TINSUKIA ASSAM PIN-786151 AND REP. BY ITS PROPRIETOR NAMELY DINESH GOWALA S/O LT. PUNU GOWALA AGED ABOUT 36 YEARS R/O NO. 2 BORBIL DIGBOI-786171 DIST. TINSUKIA ASSAM

VERSUS

Page No.# 6/37

THE STATE OF ASSAM AND 5 ORS.

REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF MINES AND MINERALS DISPUR GUWAHATI-781006

2:THE GENERAL MANAGER NORTHERN FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM-781011

3:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTHERN FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM-781011

4:ASSAM MINERAL DEVELOPMENT CORPORATION LTD. KHANIJ BHAWAN NEAR GANESH MANDIR DISPUR GUWAHATI-781006 REP. BY ITS MANAGING DIRECTOR

5:THE DIRECTORATE OF GEOLOGY AND MINING GOVT. OF ASSAM DISPUR GUWAHATI-781006

6:DIRECTORATE OF GEOLOGY AND MINING GOVT. OF NAGALAND DIMAPUR NAGALAND

-----------Advocate for : MR J DAS Advocate for : ASSTT.S.G.I. appearing for THE STATE OF ASSAM AND 5 ORS.

Linked Case : WP(C)/5730/2022

M/S MA KAMAKHYA COAL TRADERS HAVING ITS OFFICE AT GARBHANGA SIVSAGAR ASSAM REP. BY ITS PROPRIETORNIRAJ KUMAR SINGH

S/O- SAWALIYA SINGH R/O- ROOM NO- 408 BLOCK-C HIMALAYA PLAZA DANKUNI HOOGLY WEST BENGAL.

VERSUS

THE GENERAL MANAGER

Page No.# 7/37

NF RAILWAYS AND 2 ORS NORTH EASTERN FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM- 781011.

2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM- 781011.

3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI- 781006 ASSAM. -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER NF RAILWAYS AND 2 ORS

Linked Case : WP(C)/6083/2022

RIBHOI COAL AND COKE PVT. LTD. REPRESENTED BY ONE OF ITS DIRECTOR- RAJIV BAREH

AGED ABOUT 38 YEARS

SON OF ROSOMAY NONGTOH

RESIDENT OF HOUSE NO. 56 KHLIEHRIAT EAST VILLAGE- KHLIEHRIAT EAST

DISTRICT- JAINTIA HILLS MEGHALAYA PIN- 793200.

VERSUS

Page No.# 8/37

THE GENERAL MANAGER AND 2 ORS. NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM. 2:THE CHIEF FREIGHT TRANSPORT MANAGER N.F. RAILWAYS MALIGAON ASSAM. 3:THE ASSAM MINIERAL DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI- 781006 ASSAM. -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS.

Linked Case : WP(C)/699/2023

M/S SUBHASH MOTORS A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT BUSINESS ADDRESS AT PANJABARI ROAD SIX MILE

KAMRUP METROPOLITAN ASSAM 781022 REPRESENTED BY ONE OF ITS PARTNER MRS. ANIMA PATHAK.

VERSUS

THE GENERAL MANAGER N.F. RAILWAYS AND 2 ORS. MALIGAON GUWAHATI (ASSAM).

Page No.# 9/37

2:THE CHIEF FREIGHT TRANSPORTATION MANAGER N.F. RAILWAYS MALIGAON GUWAHATI.

3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR

KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI- 781006 ASSAM. -----------Advocate for : MS. B S GOYAL Advocate for : DY.S.G.I. appearing for THE GENERAL MANAGER N.F. RAILWAYS AND 2 ORS.

Linked Case : WP(C)/5162/2022

M/S APK ENTERPRISES REPRESENTED BY ONE OF ITS PARTNERS SRI PAWAN AGARWAL S/O LATE NAND KISHORE AGARWAL AGED ABOUT 56 YEARS

R/O HOUSE NO. 07 JYOTI PATH BAKRAPARA P.O. KHANAPARA P.S. DISPUR GUWAHATI-781022 DIST. KAMRUP (METRO) ASSAM

VERSUS

THE GENERAL MANAGER AND 2 ORS NORTH EASTERN FRONTIER RAILWAYS MALIGAON

Page No.# 10/37

GUWAHATI ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI. 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI-781006 ASSAM -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS

Linked Case : WP(C)/5877/2022

BENDANGTOSHI MINING PVT. LTD. REP. BY ONE OF ITS DIRECTOR- B. TIANUNGLA LONGKUMER S/O- BENDANGTOSHI LONKUMER AGED ABOUT 30 YEARS R/O- FLAT NO. 03 H.NO. 170 2ND FLOOR ELIM APARTMENT BANK COLONY DIMAPUR NAGALAND PIN- 797113 VERSUS THE GENERAL MANAGER AND 2 ORS. NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER

Page No.# 11/37

NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GHY-06 ASSAM -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS.

Linked Case : WP(C)/5577/2022

UDIT DEB S/O UTTAM DEB R/O SISHURAM CHOUDHURY PATH KAHILIPARA COLONY SOUTH BINOVANAGAR KAMRUP (M) ASSAM PIN- 7810108.

VERSUS

THE GENERAL MANAGER NF RAILWAY AND 2 ORS NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM.

2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI.

3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. ITS MANAGING REPRESENTED DIRECTOR BY KHANIJ BHAWAN

Page No.# 12/37

NEAT GANESH MANDIR R.P. ROAD DISPUR GUWAHATI- 781006 ASSAM. -----------Advocate for : MR. A SARMA Advocate for : SC RAILWAY appearing for THE GENERAL MANAGER NF RAILWAY AND 2 ORS

Linked Case : WP(C)/3691/2022

P.B. MARKETING INDIA PRIVATE LTD. AND ANR.

A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT HOUSE NO. 22 JAYANAGAR SIX MILE P.O- KHANAPARA DISTRICT- KAMRUP(M) ASSAM AND IS REPRESENTED BY SRI MANASH CHETIA SON OF LATE BHADRA NATH CHETIA.

2: M/S VEDANTA MINERALS A PROPRIETORSHIP FIRM HAVING ITS REGISTERED 11 KALGAON GELEKY DISTRICT- SIVASAGAR PIN- 785640 ASSAM AND IS REPRESENTED BY ITS PROPRIETOR SRI VIKASH AGARWAL SON OF LATE MURARI LAL AGARWAL. VERSUS

THE GENERAL MANAGER NORTH EAST FRONTER RAILWAYS AND 2 ORS. MALIGAON GUWAHATI (ASSAM).

2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI. 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD

Page No.# 13/37

DISPUR GUWAHATI- 781006 ASSAM.

Advocate for : MS. B S GOYAL Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER NORTH EAST FRONTER RAILWAYS AND 2 ORS.

Linked Case : WP(C)/2267/2022

KULJIT SINGH BAWA S/O- HARBANS SINGH BAWA PROPRIETOR OF M/S M.J COAL SUPPLIER HAVING ITS REGISTERED OFFICE SITUATED AT HOUSE NO. 40 BISHNU RABHA PATH P.O-BASISTHA

P.S- HATIGAON GUWAHATI GUWAHATI-28

DIST- KAMRUP (M) ASSAM

VERSUS

THE UNION OF INDIA AND 3 ORS REP. BY ITS GENERAL MANAGER NORTH EAST FRONTIER RAILWAYS MALIGAON GUWAHATI-781011.. ASSAM

2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EAST FRONTIER RAILWAYS MALIGAON GUWAHATI-781011.. ASSAM 3:THE ASSAM MINERAL DEVELOPMENT CORPRATION LTD

. REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P ROAD DISPUR GUWAHATI-781006 DIST- KAMRUP (M) ASSAM

Page No.# 14/37

4:THE DIRECTOR GEOLOGY AND MINING GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI-19 -----------Advocate for : MR. M K BORAH Advocate for : SC NF RLY appearing for THE UNION OF INDIA AND 3 ORS

Linked Case : WP(C)/7396/2022 BCMS TRADERS PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE SITUATED AT KABAITARY P.O. AND P.S.-JOGIGHOPA DIST-BONGAIGAON ASSAM AND BRANCH OFFICE SITUATED AT UNIQUE PLAZA 2ND FLOOR TRIPURA ROAD BELTOLA GUWAHATI ASSAM-781028. IN THE PRESENT PROCEEDING THE PETITIONER COMPANY IS REPRESENTED BY ONE OF ITS DIRECTORS SRI MAHESH KUMAR AGARWALA AGED ABOUT 44 YEARS S/O MEGHRAJ AGRAWALA R/O FLAT NO. 301 UNIQUE HEIGHTS S.K. BARUAH ROAD ASSAM SACHIVALAYA KAMRUP METRO ASSAM-781006 VERSUS

THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS AND 2 ORS MALIGAON GUWAHATI (ASSAM)

2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS

Page No.# 15/37

MALIGAON GUWAHATI

3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI-781006 ASSAM -----------Advocate for : MR. A GOYAL Advocate for : DY.S.G.I. appearing for THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS AND 2 ORS

Linked Case : WP(C)/5119/2022 M/S MAHALAXMI MINING PVT. LTD. REP. BY ITS DIRECTOR - SHEEL GOEL S/O LT. MOHAN KRISHNA GOEL AGED ABOUT 41 YEARS R/O D-104 UNIVERSAL ECO GREENS AHOM GAON BETKUCHI OPPOSITE MANI RAM DIWAN TRADE CENTRE GUWAHATI- 781035 DIST.- KAMRUP (METRO) ASSAM. VERSUS THE GENERAL MANAGER AND 2 ORS. NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM. 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI. 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD.

Page No.# 16/37

REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI PIN- 781006 ASSAM. -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS.

Linked Case : WP(C)/1631/2023

M/S A.A.M. ENTERPRISE A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT WARD NO.6 NAZIRA TOWN NAZIRA SIVASAGAR DIST.- SIVASAGAR ASSAM ASSAM PIN- 781685 REP. BY ITS PROPRIETOR ABDUL MALIK AGED ABOUT 36 YEARS S/O- MUZIBUR ROHMAN VERSUS UNION OF INDIA AND 3 ORS REP. BY THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON- 781011 GUWAHATI (ASSAM) 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON- 781011 GUWAHATI (ASSAM) 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN

Page No.# 17/37

NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI- 781006 DISTRICT- KAMRUP (M) ASSAM 4:THE DIRECTOR GEOLOGY AND MINING GOVT. OF ASSAM KAHILIPARA GUWAHATI- 781019 -----------Advocate for : M K BORAH Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 3 ORS

Linked Case : WP(C)/6097/2022

ANGAMI GOAL TRADERS REP. BY ITS PROPRIETOR- AVI MAKRITSU AGED ABOUT 42 YEARS S/O- VIYAKIEZO MAKRITSU R/O- H.NO. 94 WARD NO.3 BLOCK-2 CHUMOUKEDIMA DIMAPUR NAGALAND PIN- 797103 VERSUS THE GENERAL MANAGER AND 2 ORS. NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR

Page No.# 18/37

KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GHY-06 ASSAM -----------Advocate for : MR. M K BORAH Advocate for : GA ASSAM appearing for THE GENERAL MANAGER AND 2 ORS.

Linked Case : WP(C)/5892/2022 MOA ENTERPRISES REPRESENTED BY ITS PROPRIETOR TAKUMOA AO S/O- PURTOSHI R/O- HOUSE NO. 309 FIRING RANGE DIMAPUR NAGALAND. VERSUS THE GENERAL MANAGER AND 2 ORS. NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI. 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R/P ROAD DISPUR GUWAHATI-781006 ASSAM -----------Advocate for : MR. M K BORAH

Page No.# 19/37

Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS.

Linked Case : WP(C)/5883/2022 KEVITHO MINING PVT. LTD. REP. BY ONE OF ITS DIRECTOR AVI MAKRITSU S/O- VIYAKIEZO MAKRITSU

AGE 42 YRS R/O- FLAT NO- 16 LANE NO-2 WARD NO-4 CHUMOUKEDIMA TOWN CHUMOUKEDIMA NAGALAND PIN-797003 VERSUS THE GENERAL MANAGER AND 2 ORS. NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD . REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GHY-06 ASSAM -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS.

Page No.# 20/37

Linked Case : WP(C)/5613/2022

NABARUN BURAGOHAIN S/O- RAJEN GOHAIN R/O- 01 TILAK DEKA ROAD ITACHALI NAGAON ASSAM PIN-782003 VERSUS THE GENERAL MANAGER NF RAILWAY AND 2 ORS NORTHERN FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM- 781011. 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTHERN FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM- 781011. 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI- 781006 ASSAM. -----------Advocate for : MR. A SARMA Advocate for : SC RAILWAY appearing for THE GENERAL MANAGER NF RAILWAY AND 2 ORS

Linked Case : WP(C)/1713/2022

TIANUGLA LONGKUMAR D/O. SRI BENDAGTOSHI LONGKUMAR

Page No.# 21/37

R/O. HOUSE NO. 78 FLAT NO.3 BANK COLONY DIMAPUR NAGALAND-787113. VERSUS THE GENERAL MANAGER N F RAILWAY AND 3 ORS NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM. 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI. 3:THE ASSAM MINERAL DEVELOPMENT CORPN. LTD. REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI-781006 ASSAM. 4:THE DIRECTOR OF GEOLOGY AND MINING GOVT. OF NAGALAND DIMAPUR NAGALAND. -----------Advocate for : DR. ASHOK SARAF Advocate for : SC RAILWAY appearing for THE GENERAL MANAGER N F RAILWAY AND 3 ORS

Linked Case : WP(C)/2254/2022

ANUP KUMAR MISHRA S/O- LATE JOGENDRA NATH MISHRA PROPRIETOR OF S.A COAL SUPPLY

Page No.# 22/37

HAVING ITS REGISTERED OFFICE SITUATED AT HOUSE NO. 1A LANE NO. 5 NEAR KALIMANDIR GANDHI BASTI CHANDMARI GUWAHATI SILPUKHURI GUWAHATI-03 DIST- KAMRUP (M) ASSAM

VERSUS

UNION OF INDIA AND 3 ORS REP. BY ITS GENERAL MANAGER NORTH EAST FRONTIER RAILWAYS MALIGAON GUWAHATI-781011.. ASSAM

2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EAST FRONTIER RAILWAYS MALIGAON GUWAHATI-781011.. ASSAM 3:THE ASSAM MINERAL DEVELOPMENT CORPRATION LTD. REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P ROAD DISPUR GUWAHATI-781006 DIST- KAMRUP (M) ASSAM 4:THE DIRECTOR GEOLOGY AND MINING GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI-19 -----------Advocate for : MR. M K BORAH Advocate for : SC NF RLY appearing for UNION OF INDIA AND 3 ORS

Linked Case : WP(C)/5123/2022

M/S COAL PULZ REP. BY ITS DIRECTOR- ATIQUR RAHMAN BARBHUIYA

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AGED ABOUT 54 YEARS R/O HOUSE NO. 5 ASIA HOUSE BYE LANE NO. 3 L.N.B. ROAD HATIGAON GUWAHATI- 781038 DIST.- KAMRUP (METRO) ASSAM. VERSUS THE GENERAL MANAGER AND 2 ORS. NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM. 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI. 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI- 781006 ASSAM. -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS.

Linked Case : WP(C)/5900/2022 SIMSANG MININIG PVT. LTD. REPRESENTED BY ONE OF ITS DIRECTOR- JIA M SANGMA S/O LATE NORESH SANGMA AGED ABOUT 32 YEARS R/O NOKMA A KING P.O.-ARAMILE TURA DIST-WEST GARO HILLS

Page No.# 24/37

MEGHALAYA PIN-794101

VERSUS THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS AND 2 ORS. MALIGAON GUWAHATI ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI-781006 ASSAM -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS AND 2 ORS.

Linked Case : WP(C)/3696/2022

M/S JAMIR EXPORTS A PROPRIETORSHIP FIRM HAVING ITS REGISTERED OFFICE AT KARBALA WARD NO. 13 P.O. AND P.S. GOALPARA DIST. GOALPARA ASSAM AND IS REPRESENTED BY SRI ABDUR RAHIM SON OF LATE JAMIRUDDIN AHMED. VERSUS

THE GENERAL MANAGER N F RAILWAYS AND 2 ORS MALIGAON GUWAHATI

Page No.# 25/37

ASSAM

2:THE CHIEF FREIGHT TRANSPORTATION MANAGER

NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI. 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI-781006 ASSAM -----------Advocate for : MS. B S GOYAL Advocate for : SC NF RLY appearing for THE GENERAL MANAGER N F RAILWAYS AND 2 ORS

Linked Case : WP(C)/5885/2022

IMCHEN ENTERPRISES REP. BY ITS PROPRIETOR IMKONGMEREN EMCHEN

S/O- LATE TEKATIBA AGE ABOUT 28 YRS

R/O- HOUSE NO. 9/5 SUPPLY COLONY DIMAPUR SADAR DIMAPUR NAGALAND PIN-797112

VERSUS

THE GENERAL MANAGER AND 2 ORS. NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY ASSAM

Page No.# 26/37

2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GHY-06 ASSAM -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS.

Linked Case : WP(C)/6076/2022

BALPAKRAM MINING PVT. LTD. REP. BY ONE OF ITS DIRECTOR- BISON PASLIEN AGED ABOUT 42 YEARS S/O- W. PASLIEN R/O- H NO. 56 KHLIEHRIAT EAST VILL- KHLIEHRIAT EAST DIST.- JAINTIA HILLS MEGHALAYA PIN- 793200 VERSUS THE GENERAL MANAGER AND 2 ORS. NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR

Page No.# 27/37

KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GHY-06 ASSAM -----------Advocate for : MR. M K BORAH Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS.

Linked Case : WP(C)/2597/2022

M/S ANN ASSOCIATES A PARTNERSHIP FIRM HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT HOUSE NO. 21 SIX MILE GUWAHATI ASSAM - 781022 AND IS REPRESENTED BY ITS DULY AUTHORIZED PARTNER.

VERSUS THE GENERAL MANAGER N F RAILWAY AND 2 ORS NORTHERN FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM- 781011. 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTHERN FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM- 781011. 3:ASSAM MINERAL DEVELOPMENT CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI- 781006 ASSAM. -----------Advocate for : MR A K RAI Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER N F

Page No.# 28/37

RAILWAY AND 2 ORS

Linked Case : WP(C)/2717/2022

UTIMRAJ COMMERCIAL PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS OFFICE SITUATED AT SEEMA MANSION FLAT NO. 3 D 3RD FLOOR BLOCK-B 266 DAKHINDARI ROAD KOLKATA. IN THE PRESENT PROCEEDING THE PETITIONER COMPANY IS REPRESENTED BY ITS AUTHORISED SIGNATORY SRI JAY PRAKASH SHARMA AGED ABOUT 38 YEARS SON OF LATE P L SHARMA RESIDENT OF HOUSE NO. 34 R.K. CHOWDHARY ROAD SANTIPUR BHARALUKUKH GUWAHATI- 781009. VERSUS THE GENERAL MANAGER AND 2 ORS NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI (ASSAM). 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R.P. ROAD DISPUR GUWAHATI- 781006 ASSAM. -----------Advocate for : DR. A SARAF

Page No.# 29/37

Advocate for : ASSTT.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

JUDGMENT & ORDER (CAV)

Date : 05-02-2026

Heard learned counsel for the petitioners as well as the learned counsel for the respondents.

The above noted writ petitions having been instituted assailing the communication dated 10-02-2022 issued by the Managing Director, Assam Mineral Development Corporation Ltd. and the grounds of challenge being one and the same, the said writ petitions, as agreed to by the learned counsel for the parties were taken up for consideration analogously. The said writ petitions are accordingly being disposed of by the present order.

In the above noted writ petitions the challenge is to a communication dated 10-022022 issued by the Managing Director, Assam Mineral Development Corporation Ltd. (in short “AMDCL”) to the Chief Freight Transportation Manager, N.F. Railway, Maligaon, inter alia, stipulating therein that the transit permits/ supporting documents/ papers submitted by the intending coal transporters should be sent to the office of the Managing Director, AMDCL, Assam for verification and issue of NOC jointly by him and the Directorate of Geology and Mining, Assam, before transportation of the coal by rail rake from any railway station situated in the State of Assam.

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In the above writ petitions, the petitioners have projected that they are involved in

the business of trading of coal and by procuring coal from the State of Nagaland and the State of Meghalaya they transport the same through road to the State of Assam for further transportation by railways to different States in the country. It is projected that while transporting the coal from Meghalaya and/ or Nagaland, the petitioners so dispatch the coal with all valid supporting documents, viz. Coal Mining Lease Certificate, Affidavitcum-Indemnity Bond by the consignor, NOC and Transit Passes issued by the competent authorities along with memorandum of understanding between the parties, sale order, production details etc. The documents as sent along with the consignment of coal by the petitioners is projected to be necessary for permitting the trucks carrying such coal to enter into the State of Assam and also for production before the Railway authorities for registration of intents for allotment of rakes for transportation of coals involved. It is further projected in the writ petitions that no dispute has been raised in the matter by the respondent No. 3 and/ or any other authority that the documents produced by the petitioners of coals procured from Nagaland and Meghalaya were forged and/ or not genuine. It is while the petitioners were carrying on their business in the above manner that the Managing Director of AMDCL, i.e. the respondent No. 3 issued a communication dated 10-02-2022 to the Chief Freight Transportation Manager, N.R. Railway, Maligaon and required the railway authorities to transport the coal booked by different coal transporters only after obtaining a NOC from the respondent No. 3 and the Directorate of Geology and Mining, Assam.

Being aggrieved by the said communication dated 10-02-2022, the petitioners have

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instituted the above noted writ petitions presenting a challenge to the said communication.

The learned counsel for the petitioners by reiterating the facts noticed, hereinabove, have submitted that the communication dated 10-02-2022 issued by the respondent No. 3 has been so issued without any jurisdiction. It is submitted by the learned counsel petitioners that the communication dated 10-02-2022 and the stipulation made therein is in clear violation of the provisions of Article 301 of the Constitution of India which mandates free trade, commerce and intercourse throughout the territory of India. It is projected that with regard to the coal procured from the State of Nagaland by complying with the requirements as laid down in the matter by the Govt. of Nagaland, amounts to violations of the provisions of Article 371A of the Constitution of India. It is also projected that stipulation as contained in the impugned communication dated 10-022022 also violates the provisions of the Goods & Services Tax Act, 2017. In view of the

above position, the petitioners have prayed for an interference with the impugned communication dated 10-02-2022.

The learned counsel appearing for the State of Nagaland and the State of Meghalaya have supported the contentions raised by the learned counsel for the petitioners and have submitted that the respondent No. 3 cannot introduce any further conditionality for transportation of coal obtained from the State of Nagaland and the State

of Meghalaya which is projected to be so done by complying with the provisions of law enacted in the said States for the purpose.

Mr. P. Sharmah, learned counsel for the respondent No. 3, on instruction, submitted

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that the communication dated 10-02-2022 was necessitated to be issued by the respondent No. 3, on it coming to notice that Assam origin coal was being mixed with coal procured from other States transported by rakes from the railways loading points in the State of Assam. It is submitted that only to prevent the transportation of Assam coal along with the coal procured from the other States, a verification of the documents/ transit passes was mandated vide the communication dated 10-02-2022. It is submitted that vide the said communication, the respondent No. 3 had in no manner questioned the documents including the transit passes issued by the competent authorities in the State of Nagaland and the State of Meghalaya and it only intended to verify as to whether along with the coals procured from the States of Nagaland and Meghalaya transported by Railways, coal of Assam origin were also being so transported. It is submitted that only documents submitted by the intending transporters of coal to the Railways is to be verified by the respondent No. 3 and if from the documents or the transit passes, no coal of Assam origin is found to be so transported, no objection would be issued by the respondent No. 3 jointly with the Directorate of Geology and Mining. In view of the above premises, it is submitted by Mr. Sharmah, learned counsel for the respondent No. 3 that the said communication dated 10-02-2022 being issued only to prevent unauthorized transportation of Assam origin coal, the same would not mandate an interference from this Court.

I have heard the learned counsel for the parties and also perused the materials available on record.

The challenge in the above noted writ petitions being to the communication dated

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10-02-2022, the same being relevant is extracted hereinbelow:

ASSAM MINERAL DEVELOPMENT CORPORATION LTD.

(A Govt. of Assam undertaking)

Regd. Office CIN-U-14107AS1983SGC002045 Khanij Bhawan, Near Ganesh Mandir Email : [email protected] R.P. Road, Dispur, Guwahati - 781006, Assam GSTIN : 18AACCA8762A1ZU

Ref. No. AMDC/MS/7/2020-21/1051 Date : 10/02/22

To,

The Chief Freight Transportation Manager

NF Railway, Maligaon, Guwahati, Assam

Sub: Requirement of NOC for Coal transport by Rail Rake-Regarding

Sir,

With reference to the subject cited above, the undersigned informs you that in Assam jurisdiction, as the AMDCL is the only Govt. agency under Mines & Minerals Department, Govt. of Assam which is involved in the sale of coal, the undersigned requests that before laying of rail rake for transportation of Coal, the TP's/supporting documents /papers submitted by the Intending Coal transporters shall be sent to the office of the undersigned for verification & issue of NOC Jointly by the office of the undersigned & the Directorate of Geology & Mining, Assam before the transportation of the Coal by Rail rake from any railway station under the territorial jurisdiction of Assam State.

This is for your information & necessary action.

(N. ANAND, IFS) Managing Director, Assam Mineral Development Corn. Ltd.

Ref. No. AMDC/MS/7/2020-21/1052-1053 Date: 10/02/22

A perusal of the said communication dated 10-02-2022 would reveal that the Managing Director of the respondent No. 3 Corporation, had projected that the respondent No. 3 was the only Govt. agency under the Mines and Mineral Department,

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Govt. of Assam involved in the sale of coal and accordingly requested the Railway authorities that the transit permits/ supporting documents/ papers submitted by the intending coal transporters, be forwarded to the office of the Managing Director of the respondent No. 3/ Corporation for verification and issue of NOC jointly by the respondent No. 3 and the Directorate of Geology and Mining, Assam before transportation of coal by rail rake from any railway station in the State of Assam. The materials brought on record as well as the submission made by the learned counsel for the parties reveal that the petitioners in the above noted writ petitions have procured coal which they seek to transport through Railway to various other States in the country, from the States of Nagaland and Meghalaya, after complying with the requirements for such procurement as existing in the States of Nagaland and Meghalaya. It is also evident from the materials available on record that before registering a intent from transportation of coal by Railways rakes, the Railway authorities mandatorily require the intending tenderer to furnish certain specified documents. The Railway authority upon perusing the said documents draw satisfaction with regard to the genuineness of the coal sought to be transported through Railways. It is only on genuineness of intents placed that the railway permits the transportation of the coal to the various other States of the country by placing rakes for the purpose.

Article 301 of the Constitution of India mandates for freedom of trade, commerce and intercourse throughout the territory of India. Article 302 mandates that it is only the Parliament which may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India

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as may be required in the public interest. Further Article 304 mandates that the legislature of a State made by law impose such reasonable restriction on the freedom of trade, commerce and intercourse with or within that State as may be required in public interest.

The requirements placed upon the railways by the respondent No. 3 by the communication dated 10-02-2022 in the considered view of this Court places an unreasonable restriction on the freedom of trade, commerce and intercourse between the States. As noticed, hereinabove, the petitioners have projected that they have procured coal from the States of Meghalaya and Nagaland after complying with all requisite provisions of law as existing in the said States and the coal so procured along with all valid documents are sent by road to the State of Assam, for transportation from various Railway heads in the State of Assam for transportation therefrom to various other States in the country by way of Railway rakes. Materials brought on record including the written instructions furnished by Mr. Sharmah, received from the respondent No. 3 does not in any manner indicate that the documents as furnished by the petitioners for transportation of coal procured from the States of Nagaland and Meghalaya are suspected to be not genuine. The only reason assigned by the respondent No. 3 for issuance of the communication dated 10-02-2022 is that along with the coal procured from the States of Meghalaya and Nagaland transported from the various Railway heads in the State of Assam to various other States of the country, Assam origin coal procured from the respondent No. 3 is also included. Accordingly, it is projected that it is only to verify the genuineness of the transit passes produced by the intending tenderers of Assam origin

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coal procured from the respondent No. 3, that the said communication dated 10-02-2022 was so issued. Given the said stand taken by the respondent No. 3 before this Court, this Court is of the considered view that the stipulation as contained in the communication dated 10-02-2022 could not have also been made applicable to the coal transported by the Railways on intents placed by the coal transporters who had procured such coals from the States of Nagaland and Meghalaya.

The restrictions now sought to be imposed on trade, commerce and intercourse between the States by the respondent No. 3, which is only an autonomous body under the Govt. of Assam, is in violation of Article 304(b) of the Constitution of India. Article 304(b) of the Constitution of India having laid down that it is only the Legislature of a State which may by law impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest, such restrictions could not be placed for any reason by the respondent No. 3. Accordingly, this Court is of the view that the stipulation as contained in the communication dated 10-02-2022 is clearly not sustainable.

The respondent No. 3 could not have required the Railway authorities to hold up the transportation of coals basing on intents by various coal traders including the petitioners in the above noted writ petitions who had placed the said intent for coal, which admittedly were procured from the States other than the State of Assam. This Court is of the considered view that the stipulations made in the communication dated

10-02-2022 amounts to an unreasonable restriction on the freedom of trade, commerce and intercourse as set out in the Constitution of India.

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In view of the above discussions, this Court is of the considered view that the communication dated 10-02-2022 would not be sustainable and accordingly, the same is set aside. The setting aside of the communication dated 10-02-2022 would not prevent the respondent No. 3 to put in place measures for protection of its interest with regard to

the transportation of Assam origin coal by putting in place provisions in strict accordance with law holding the field.

With the above observations and directions, the above noted writ petitions stand disposed of.

JUDGE

Comparing Assistant

Gobinda Prasad Sarma Digitally signed by Gobinda Prasad Sarma DN: c=IN, o=Personal, postalCode=781026, l=Kamrup Metro, st=Assam, street=HOUSE NO 396 BIRKUCHI, Birkuchi No.2, Chandrapur Assam India 781026 OPPOSITE RAGHUNATH CHOUDHURY HINDI SCHOOL, title=2165, 2.5.4.20=6928da6102aa078c3f0a167d2edfd91fb1b69cf5496e925e109d715bae326785, serialNumber=69de98d4f8795174293359cc3e5ab3a2480fc7e847f928726a048502c9ebcf15, email=[email protected], cn=Gobinda Prasad Sarma Date: 2026.02.12 15:20:32 +05'30'