THE STATE OF ASSAMAND 4 ORS. v. THE COMMISSIONER AND SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI
Case at a glance
Outcome
Disposed of
writ petitions are disposed of directing the State Govt
Provisions considered
Key paragraphs
- Para 77. The State Govt. by its Cabinet decision dated 30.06.2021 have taken a different stand to the extent that from the financial year 2021-22, the GPSS/Co-operative Societies will not be paid the handling margin money and accordingly the State Govt. in its Food, Civil Supplies…
- Para 2424. With the above observations and directions, the writ petitions and the connected interlocutory applications stand disposed of. JUDGE Comparing Assistant
Judgment
11:BHOLAGURI SATRA S.S. LTD. REPRESENTED BY ITS CHAIRMAN SRI MONTU BORUAH AGED ABOUT 39 YEARS R/O VILLAGE AND P.O.-PUBTHARIA P.S. KALIABOR PIN-782137 DISTRICT - NAGAON ASSAM 12:DOAR SALONAH S.S. LTD. REPRESENTED BY THE CHAIRMAN RAMBILAS JANTI AGED ABOUT 41 YEARS R/O VILLAGE SALONAH P.O. SALONAH PIN - 782139 DISTRICT - NAGAON ASSAM. 13:M/S LETERIPAR S.S. LTD. REPRESENTED BY THE CHAIRMAN ABDUL BARI AGED ABOUT 38 YEARS Page No.# 5/39 S/O LT. ABAL HUSSAIN R/O VILLAGE- JOHAJAN P.O. LETERIPAR BAZAR P.S. JURIA PIN - 782124 DISTRICT - NAGAON ASSAM 14:AMBAGAN S.S. LTD. REPRESENTED BY THE CHAIRMAN SRI DIPAK BISWAS AGED ABOUT 39 YEARS SON OF LATE JNANENDRA BISWAS R/O VILLAGE- PACHIM SOALONI P.O. AMBAGAN P.S. RUPAHIHAT PIN - 782120 DISTRICT - NAGAON ASSAM 15:LAWKHAWA S.S. LTD. REPRESENTED BY THE SECRETARY ABUL HUSSAIN AGED ABOUT 55 YEARS SON OF LATE ABDUR RAHMAN R/O VILLAGE- PACHIM SINGIMARI P.O. SINGIMARI P.S. RUPAHIHAT PIN - 782125 DISTRICT - NAGAON ASSAM. 16:KATAHGURI SAMABY SAMITY LTD. REPRESENTED BY THE CHAIRMAN MD. SHAHIDUL ISLAM AGED ABOUT 50 YEARS SON OF LT. MD. ABDUL MAZID VILLAGE AND P.O. TUKTUKI P.S. DHAING Page No.# 6/39 DISTRICT - NAGAON ASSAM PIN - 782123. 17:BECHAMARI SAMABAI SAMITY LTD. REPRESENTED BY THE CHAIRMAN MD. ASNAD ULLAH AGED ABOUT 39 YEARS SON OF LATE AMJAT ALI R/O VILLAGE- BECHAMARI P.O. BECHAMARI P.S. DHING DISTRICT - NAGAON ASSAM PIN - 782123 18:M/S KACHAMARI S.S. LTD. REPRESENTED BY THE CHAIRMAN SRI HARICHARAN DEKA AGED ABOUT 49 YEARS R/O VILLAGE- SIMALUGURI P.O. KACHAMARI P.S. SADAR PIN - 782002 DISTRICT - NAGAON ASSAM. 19:BATADRAVA S.S.S. LTD. REPRESENTED BY THE CHAIRMAN RAFIQUL ISLAM AGED ABOUT 44 YEARS R/O VILLAGE- RAMPUR SATRA P.O. KUDAMONI P.S. BATADRAVA PIN - 782122 DISTRICT - NAGAON ASSAM. 20:RAIDONGIA S.S. LTD. REPRESENTED BY THE CHAIRMAN JITEN SAIKIA AGED ABOUT 46 YEARS R/O VILLAGE- RAIDONGIA P.O. AIBHETI P.S. JAJORI Page No.# 7/39 PIN - 782002 DISTRICT - NAGAON ASSAM. 21:RUPAHI S.S. LTD. REPRESENTED BY THE SECRETARY MD. NASIRUDDIN AGED ABOUT 42 YEARS R/O VILLAGE- RUPAHI P.O. RUPAHI PIN - 782125 PIN - 782125 DISTRICT - NAGAON ASSAM. 22:DIPHALU S.S. LTD. REPRESENTED BY THE SECRETARY SRI SURAJIT SAIKIA AGED ABOUT 50 YEARS R/O VILLAGE- DIFOLU P.O. HACHALI PIN - 782003 DISTRICT - NAGAON ASSAM 23:BORBHAGIN S.S. LTD. REPRESENTED BY THE CHAIRMAN KAMLA KANTA HAZARIKA AGED ABOUT 47 YEARS R/O VILLAGE- OWEGURI P.O. BENGNATI ULLWANI (KALIABOR) PIN - 782138 DISTRICT - NAGAON ASSAM. 24:MOWAMARI GPSS LTD. REPRESENTED BY THE CHAIRMAN NAJRUL ISLAM AGED ABOUT 53 YEARS R/O VILLAGE- MOWAMARI P.O. MOWAMARI PIN - 7882140 DISTRICT - NAGAON ASSAM. 25:DHUPAGURI S.S. LTD. REPRESENTED BY THE SECRETARY MIRAZ ALI AGED ABOUT 55 YEARS Page No.# 8/39 R/O VILLAGE- DHUPAGURI P.O. DHUPAGURI PIN - 78212 DISTRICT - NAGAON ASSAM. 26:CHAPANALLA S.S. LTD. REPRESENTED BY THE CHAIRMAN GAKUL NAYAK AGED ABOUT 48 YEARS R/O VILLAGE- HABI BOSTI P.O. CHAPANALLA PIN - 782135 DISTRICT - NAGAON ASSAM 27:BISHNUPUR S.S. LTD. REPRESENTED BY THE CHAIRMAN SHEKH ABDULLAH AGED ABOUT 51 YEARS R/O VILLAGE- CHANKHULA P.O. KACHUA P.S. KACHUA PIN - 782426 DISTRICT - NAGAON ASSAM. 28:SAIDARIA S. S. LTD. REPRESENTED BY ITS CHAIRMAN ANUWAR UDDIN AHMED AGED ABOUT 40 YEARS P.O.-SAIDARIA P.S.-RUPAHI HAT PIN - 782125 DISTRICT - NAGAON ASSAM Advocate for the Petitioner : GA, ASSAM Advocate for the Respondent : MR B KAUSHIK Page No.# 9/39 Linked Case : WP(C)/4268/2021 BARALIMARI S S LTD AND 20 ORS REPRESENTED BY ITS CHAIRMAN SRI JIBAN CHANDRA BORA AGED ABOUT 57 YEARS VILLAGE - GERUA P.O. GERUA GAON P.S. BURHAGAON DISTRICT - MORIGAON PIN - 782121 ASSAM. 2: BURA BURI S.S. LTD REPRESENTED BY ITS CHAIRMAN MD. ABDUL KHALEQUE AGED ABOUT-57 YEARS VILLAGE AND P.O. KURANIBORI P.S. MAYONG DISTRICT - MORIGAON PIN - 782411 ASSAM. 3: JAGIROAD S.S. LTD. REPRESENTED BY ITS CHAIRMAN SRI RANJIT KR. DEY AGED ABOUT 55 YEARS NEAR RAILWAY GATE JAGIROAD P.O. JAGIROAD DISTRICT MORIGAON PIN - 782410 ASSAM. 4: JAGIBHAKATGAON S.S. LTD. Page No.# 10/39 REPRESENTED BY ITS CHAIRMAN SRI RAJIB KR. MEDHI AGED ABOUT 35 YEARS MORIGAON DIST- MORIGAON PIN- 782105 ASSAM. 5: BAGHJAP S.S. LTD. REPRESENTED BY ITS CHAIRMAN BRAJA NATH DEKA AGED ABOUT 45 YEARS VILLAGE- BAGHJAP P.O. JAGI BHAGATGAON P.S. JAGIROAD DIST. MORIGAON PIN - 782411 ASSAM. 6: GAGALMARI S.S. LTD. REPRESENTED BY ITS CHAIRMAN AKSAR ALI AGED ABOUT 43 YEARS VILLAGE- FALIAMARI HABI P.O- SANDAKHAITI P.S- MAYONG DIST- MORIGAON PIN - 782121 ASSAM. 7: M/S MAYONG KAMARPUR S.S. LTD REPRESENTED BY ITS CHAIRMAN LASKHMAN SAIKIA AGED ABOUT 44 YEARS VILLAGE - RAJA MAYONG P.O. AND P.S. MAYONG DISTRICT - MORIGAON PIN - 782411 Page No.# 11/39 ASSAM. 8: MOIRABARI S.S. LTD. REPRESENTED BY ITS CHAIRMAN MD. FAKARUDDIN AGED ABOUT YEARS VILLAGE - BELUGURI P.O. MOIRABART P.S. AND DISTRICT - MORIGAON PIN - 782126 ASSAM 9: LOCHANBARI S. S. LTD REPRESENTED BY ITS SECRETARY MD. RUFUL AMIN AGED ABOUT 37 YEARS VILLAGE DOORABANDHI BEEL P.O. SUGUNBAHI P.S. AND DISTRICT MORIGAON PIN - 782126 ASSAM 10: LAHARIGHAT S.S. LTD REPRESENTED BY ITS CHAIRMAN SAHIDUL ISLAM AGED ABOUT 55 YEARS MORIGAON DIST- MORIGAON PIN - 782105 ASSAM 11: KUSHTOLI S. S. LTD REPRESENTED BY ITS SECREATARY SRI HOMEN BORDOLOI AGED ABOUT 37 YEARS VILLAGE- KUSHTOLI Page No.# 12/39 P.O. KUSHTOLI P.S. AND DISTRICT MORIGAON PIN - 782105 ASSAM 12: NAGABANDHA S.S. LTD REPRESENTED BY ITS SECRETARY GIAS UDDIN AGED ABOUT 38 YEARS VILLAGE AND P.O.- BOROIMARL P.S- LAHARIGHAT DIST- MORIGAON PIN - 782104 ASSAM 13: BAGHORA G.P.S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI KHAGEN BORDOLOI AGED ABOUT 57 YEARS VILLAGE 2 NO. GUNAMARA P.O. AZARBARI P.S. DHARAMTUL DISTRICT - MORIGAON PIN - 782105 ASSAM. 14: BARANGABARI S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI INDRESWAR BORA AGED ABOUT 48 YEARS VILLAGE- BARANGABARI P.O. KOMORAGURI P.S. AND DIST- MORIGAON PIN - 782105 ASSAM 15: BHURBANDHA S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI KHITESWAR BORA AGED ABOUT 55 YEARS Page No.# 13/39 VILLAGE- BAKORIGAON P.O. BHUBANDHA P.S. AND DISTRICT MORIGAON PIN - 782104 ASSAM 16: SILPUKHURI S.S. LTD. REPRESENTED BY ITS CHAIRMAN J HUSSAIN AGED ABOUT 38 YEARS VILLAGE AND P.O- SLIPUKHURI P.S. MIKIRBHETA DIST- MORIGAON PIN - 782123 ASSAM. 17: HABI BARANGABARI S.S. LTD. REPRESENTED BY ITS CHAIRMAN SRI BUBUL CH. NATH AGED ABOUT 53 YEARS VILLAGE AND P.O. HABIBARANGABARI P.S. MIKIRBHETA DISTRICT - MORIGAON PIN - 782106 ASSAM. 18: JALUGUTI S.S. LTD. REPRESENTED BY ITS CHAIRMAN MD. JULHASH ALI AGED ABOUT 56 YEARS VILLAGE AND P.O. TAKUNABARI P.S. MIKIRBHETA DISTRICT - MORIGAON PIN - Page No.# 14/39 782104 ASSAM 19: GHAGUA MANIPUR S.S. LTD. REPRESENTED BY ITS CHAIRMAN SRI BRAJEN DAS AGED ABOUT 58 YEARS VILLAGE - OUJAROBORO P.O. MANIPUR P.S. AND DISTRICT - MORIGAON PIN - 782105 ASSAM. 20: MORIGAON WHOLESALE CONSUMERS CO-OPERATIVE STORES LTD. REPRESENTED BY ITS CHAIRMAN TILAK CHANDRA BORA AGED ABOUT 65 YEARS MORIGAON DIST- MORIGAON PIN - 782105 ASSAM 21: PAVAKATI S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI KAMAL SING DEKA AGED ABOUT 58 YEARS VILL. PAVAKATI P.O. AND P.S. BHURAGAON DISTRICT MORIGAON PIN - 782121 ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY PRINCIPAL SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Page No.# 15/39 GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006. 2:THE COMMISSIONER AND SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006 3:THE SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006. 4:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI - 781005. 5:THE DEPUTY COMMISSIONER MORIGAON DISTRICT - MORIGAON PIN - 782105 ASSAM. ------------ Advocate for : MR. A SARMA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/4475/2021 BARAPUJIA SAMABAI SAMITY LTD AND 27 ORS REPRESENTED BY ITS CHAIRMAN Page No.# 16/39 SRI PHAIN CHANDRA DEKARAJA AGED ABOUT 55 YEARS SON OF LATE LUTUBOR DEKARAJA RESIDENT OF VILLAGE ND P.O.- BARAPUJIA P.S. ROHA DISTRICT - NAGAON ASSAM PIN - 782103 2: M/S DAGAON ALITANGANI S.S. LTD. REPRESENTED BY ITS CHAIRMAN MD. ROFIQUL ISLAM AGED ABOUT 45 YEARS SON OF HAZARAT ALI RESIDENT OF VILLAGE - DHINGGAON P.O. DAGAON P.S. JURIA DISTRICT - NAGAON ASSAM PIN - 782124 3: DUARBAGORI C.S. LTD. REPRESENTED BY ITS CHAIRMAN SRI BHUPEN RAJKHOWA AGED ABOUT 50 YEARS R/O BAGHMARI P.O. KUTHARI MAUZA - DUARBAGORI P.S. JAKHALABANDHA DISTRICT - NAGAON ASSAM PIN-782136 4: JURIA S.S. LTD. REPRESENTED BY ITS SECRETARY MD. MOZAHERUL ISLAM AGED ABOUT 48 YEARS R/O VILLAGE- BAGURIGURI P.O. AND P.S.- JURIA PIN-782124 Page No.# 17/39 DISTRICT - NAGAON ASSAM 5: BALIKOTIA S.S. LTD. REPRESENTED BY ITS CHAIRMAN SADIQUL ISLAM AGED ABOUT 35 YEARS R/O VILLAGE- BALIKOTIA P.O. BALIKOTIA P.S. JURIA DISTRICT - NAGAON ASSAM PIN-782122 6: RAHA S.S. LTD. REPRESENTED BY ITS CHAIRMAN DHAN MUDOI AGED ABOUT 42 YEARS SON OF LATE GOLAP MUDOI R/O VILLAGE-RAHA TOWN WARD NO. 03 P.O. RAHA P.S. RAHA DISTRICT - NAGAON ASSAM PIN - 782103 7: KHATOWAL (L) S.S. LTD. REPRESENTED BY THE SECRETARY ABUL KHSHEM AGED ABOUT 40 YEARS R/O VILLAGE AND P.O. UTTAR KHATOWAL P.S. RUPAHIHAT PIN - 782128 DISTRICT - NAGAON ASSAM. 8: JARABARI S.S. LTD. REPRESENTED BY ITS SECRETARY RUHIT CHANDRA PATAR AGED ABOUT 53 YEARS R/O VILLAGE - BAJBATOMARI Page No.# 18/39 P.O. BAJBATOMARI P.S. KAMPUR DISTRICT OF NAGAON ASSAM PIN - 782425 9: CHATIAL S.S. LTD. REPRESENTED BY ITS SECRETARY MAHESH CHOUHAN AGED ABOUT 54 YEARS R/O VILLAGE- GARUBANDHA P.O. JAKHALABANDHA MAUZA - CHATIAL P.S. JAKHALABANDHA PIN-782136 DISTRICT - NAGAON ASSAM 10: PACHIM PUBTHARIA S.S. LTD. REPRESENTED BY THE PRESIDENT RAMJAN ALI AGED ABOUT 49 YEARS SON OF MD. SALIMUDDIN R/O VILLAGE- NALTOLI P.O. BHOMORAGURI P.S. ULUWANI DISTRICT - NAGAON PIN-782143 11: BHOLAGURI SATRA S.S. LTD. REPRESENTED BY ITS CHAIRMAN SRI MONTU BORUAH AGED ABOUT 39 YEARS R/O VILLAGE AND P.O.-PUBTHARIA P.S. KALIABOR PIN-782137 DISTRICT - NAGAON ASSAM 12: DOAR SALONAH S.S. LTD. REPRESENTED BY THE CHAIRMAN RAMBILAS JANTI AGED ABOUT 41 YEARS R/O VILLAGE SALONAH P.O. SALONAH PIN - 782139 Page No.# 19/39 DISTRICT - NAGAON ASSAM. 13: M/S LETERIPAR S.S. LTD. REPRESENTED BY THE CHAIRMAN ABDUL BARI AGED ABOUT 38 YEARS S/O LT. ABAL HUSSAIN R/O VILLAGE- JOHAJAN P.O. LETERIPAR BAZAR P.S. JURIA PIN - 782124 DISTRICT - NAGAON ASSAM 14: AMBAGAN S.S. LTD. REPRESENTED BY THE CHAIRMAN SRI DIPAK BISWAS AGED ABOUT 39 YEARS SON OF LATE JNANENDRA BISWAS R/O VILLAGE- PACHIM SOALONI P.O. AMBAGAN P.S. RUPAHIHAT PIN - 782120 DISTRICT - NAGAON ASSAM 15: LAWKHAWA S.S. LTD. REPRESENTED BY THE SECRETARY ABUL HUSSAIN AGED ABOUT 55 YEARS SON OF LATE ABDUR RAHMAN R/O VILLAGE- PACHIM SINGIMARI P.O. SINGIMARI P.S. RUPAHIHAT PIN - 782125 DISTRICT - NAGAON ASSAM. 16: KATAHGURI SAMABY SAMITY LTD. REPRESENTED BY THE CHAIRMAN MD. SHAHIDUL ISLAM AGED ABOUT 50 YEARS SON OF LT. MD. ABDUL MAZID Page No.# 20/39 VILLAGE AND P.O. TUKTUKI P.S. DHAING DISTRICT - NAGAON ASSAM PIN - 782123. 17: BECHAMARI SAMABAI SAMITY LTD. REPRESENTED BY THE CHAIRMAN MD. ASNAD ULLAH AGED ABOUT 39 YEARS SON OF LATE AMJAT ALI R/O VILLAGE- BECHAMARI P.O. BECHAMARI P.S. DHING DISTRICT - NAGAON ASSAM PIN - 782123 18: M/S KACHAMARI S.S. LTD. REPRESENTED BY THE CHAIRMAN SRI HARICHARAN DEKA AGED ABOUT 49 YEARS R/O VILLAGE- SIMALUGURI P.O. KACHAMARI P.S. SADAR PIN - 782002 DISTRICT - NAGAON ASSAM. 19: BATADRAVA S.S.S. LTD. REPRESENTED BY THE CHAIRMAN RAFIQUL ISLAM AGED ABOUT 44 YEARS R/O VILLAGE- RAMPUR SATRA P.O. KUDAMONI P.S. BATADRAVA PIN - 782122 DISTRICT - NAGAON ASSAM. 20: RAIDONGIA S.S. LTD. REPRESENTED BY THE CHAIRMAN JITEN SAIKIA AGED ABOUT 46 YEARS Page No.# 21/39 R/O VILLAGE- RAIDONGIA P.O. AIBHETI P.S. JAJORI PIN - 782002 DISTRICT - NAGAON ASSAM. 21: RUPAHI S.S. LTD. REPRESENTED BY THE SECRETARY MD. NASIRUDDIN AGED ABOUT 42 YEARS R/O VILLAGE- RUPAHI P.O. RUPAHI PIN - 782125 PIN - 782125 DISTRICT - NAGAON ASSAM. 22: DIPHALU S.S. LTD. REPRESENTED BY THE SECRETARY SRI SURAJIT SAIKIA AGED ABOUT 50 YEARS R/O VILLAGE- DIFOLU P.O. HACHALI PIN - 782003 DISTRICT - NAGAON ASSAM 23: BORBHAGIN S.S. LTD. REPRESENTED BY THE CHAIRMAN KAMLA KANTA HAZARIKA AGED ABOUT 47 YEARS R/O VILLAGE- OWEGURI P.O. BENGNATI ULLWANI (KALIABOR) PIN - 782138 DISTRICT - NAGAON ASSAM. 24: MOWAMARI GPSS LTD. REPRESENTED BY THE CHAIRMAN NAJRUL ISLAM AGED ABOUT 53 YEARS R/O VILLAGE- MOWAMARI P.O. MOWAMARI PIN - 7882140 DISTRICT - NAGAON ASSAM. Page No.# 22/39 25: DHUPAGURI S.S. LTD. REPRESENTED BY THE SECRETARY MIRAZ ALI AGED ABOUT 55 YEARS R/O VILLAGE- DHUPAGURI P.O. DHUPAGURI PIN - 78212 DISTRICT - NAGAON ASSAM. 26: CHAPANALLA S.S. LTD. REPRESENTED BY THE CHAIRMAN GAKUL NAYAK AGED ABOUT 48 YEARS R/O VILLAGE- HABI BOSTI P.O. CHAPANALLA PIN - 782135 DISTRICT - NAGAON ASSAM 27: BISHNUPUR S.S. LTD. REPRESENTED BY THE CHAIRMAN SHEKH ABDULLAH AGED ABOUT 51 YEARS R/O VILLAGE- CHANKHULA P.O. KACHUA P.S. KACHUA PIN - 782426 DISTRICT - NAGAON ASSAM. 28: SAIDARIA S. S. LTD. REPRESENTED BY ITS CHAIRMAN ANUWAR UDDIN AHMED AGED ABOUT 40 YEARS P.O.-SAIDARIA P.S.-RUPAHI HAT PIN - 782125 DISTRICT - NAGAON ASSAM. VERSUS THE STATE OF ASSAMAND 4 ORS. REPRESENTED BY PRINCIPAL SECRETARY FOOD Page No.# 23/39 CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006. 2:THE COMMISSIONER AND SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006. 3:THE SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006. 4:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI - 781005. 5:THE DEPUTY COMMISSIONER NAGAON DISTRICT - NAGAON PIN - 782001 ASSAM. ------------ Advocate for : MR. A SARMA Advocate for : GA ASSAM appearing for THE STATE OF ASSAMAND 4 ORS. Linked Case : I.A.(Civil)/140/2022 THE STATE OF ASSAM AND 4 ORS REP. BY PRINCIPAL SECY. FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT. GOVT. OF ASSAM DISPUR GHY-06 2: THE COMM. AND SECY. FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRSDEPTT. Page No.# 24/39 GOVT. OF ASSAM DISPUR GHY-06 3: THE SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT. GOVT. OF ASSAM DISPUR GHY-06 4: THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GHY-05 5: THE DY. COMMISSIONER DARRANG DIST.- DARRANG PIN- 784125 ASSAM VERSUS CHAPAI SAMABAYA SAMITEE LTD. AND 16 ORS REP. BY ITS CHAIRMAN MD. ABDUL RASID MANDAL AGED ABOUT 64 YEARS S/O- LT. REHAN ALI R/O- VILL- SAPAI DOLGAON P.O. BHAKATPARA DIST.- DARRANG ASSAM PIN- 784190 2:PACHIM RANGAMATII SAMABAYA SAMITTEE REP. BY IT CHAIRMAN SRI DURLAV SARMAN S/O- LT. RATNESWAR SARMAH AGED ABOUT 58 YEARS R/O- VILL- BOINAOJA P.S. MANGALDOI P.O. AULACHOWKA DIST.- DARRANG ASSAM PIN- 784529 3:SIPAJHAR SAMABAYA SAMITEE REP. BY ITS CHAIRMAN MD. ABDUL KHALEK AGED ABOUT 60 YEARS S/O- LT. SAFIRUDDIN AHMED Page No.# 25/39 R/O- VILL- MARAI P.O. SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 784145 4:BARDOULGURI SAMABAI SAMITEE LTD. REP. BY ITS CHAIRMAN SRI BICHITRA SARMA AGED ABOUT 40 YEARS S/O- LT. HARENDRA SARMAH R/O- VILL- DAKHIN CHUBARI P.O. AND P.S. SIPAJHAR PIN- 784145 DIST.- DARRANG ASSAM 5:KURUA SAMABAYA SAMITEE LTD. REP. BY ITS CHAIRMAN MD. MAINUL HAQUE AGED ABOUT 56 YEARS S/O- LT. HASAR ALI R/O- VILL- SANUA P.O. SANUA DIST.- DARRANG ASSAM PIN- 784145 6:DAHI SAMABAI SAMITEE LTD. REP. BY ITS SECY. SRI SANDHIRAM DEKA AGED ABOUT 63 YEARS S/O- LT. PAYALU DEKA R/O- VILL- KEOTPARA P.O. JANARAMCHOWKA P.S. MANGALDOI DIST.- DARRANG ASSAM PIN- 784529 7:KALYAN SAMABAYA SAMITTEE LTD. REP. BY THE CHAIRMAN MD. GOLAP ALI AGED ABOUT- 54 YEARS S/O- LT. JONAB ALI R/O- VILL- KONAKATAPARA P.O. DALGAON P.S. DALGAON PIN- 784116 DIST.- DARRANG ASSAM 8:BARUAJHAR SAMABAYA SAMITEE LTD. REP. BY ITS CHAIRMAN MD. MOSTAFA HUSSAIN S/O- LT. ABDUL HAQUE AGED ABOUT 34 YEARS Page No.# 26/39 R/O- VILL- KAHIBARI P.S. DALGAON P.O. JANGALPARA DIST.- DARRANG ASSAM PIN- 784116 9:LALPUL SAMABAYA SAMITEE LTD. REP. BY ITS CHAIRMAN MD. SAMSHER ALI AGED ABOUT 48 YEARS S/O- LT. ABDUL LATIF R/O- VILL- MADHUPUR P.O. LALPUL BAZAR P.S. DALGAON PIN- 784514 DIST.- DARRANG ASSAM 10:DOIPAM SAMABAYA SAMITEE LTD. REP. BY THE CHAIRMAN MD. JAMALUDDIN AGED ABOUT 59 YEARS S/O- LT. IMAN ALI R/O- VILL- DOIPAM P.O. DOIPAM P.S. DALGAON DIST.- DARRANG PIN- 784515 11:BAHABARI SAMABAYA SAMITTEE LTD. REP. BY THE CHAIRMAN MD. ABDUL REJJAK AGED ABOUT 65 YEARS R/O- VILL- BAHABARI P.O. AND P.S. KHARUPETIA PIN- 784115 DIST.- DARRANG ASSAM 12:DUKHMOSAN SAMABAYA SAMITEE LTD. REP. BY ITS CHAIRMAN MD. KUBBAT ALI AGED ABOUT 64 YEARS S/O- LT. HAZI OMAR ALI R/O- VILL- NO. 4 SIALMARI P.O. KOPATI P.S. DALGAON PIN- 784113 DIST.- DARRANG ASSAM 13:PUB RONGAMATI SAMABAYA SAMITEE LTD. REP. BY THE CHAIRMAN MD. ABUL HUSSAIN AGED ABOUT 40 YEARS S/O- LT. MUKESED ALI R/O- VILL- NO. 5 NONGLI Page No.# 27/39 P.O. MANGALDOI P.S. MANGALDOI PIN- 784125 DIST.- DARRANG ASSAM 14:RAJAPUKHUR GPSS LTD. REP. BY THE CHAIRMAN MD ABDUR RAHMAN AGED ABOUT 46 YEARS S/O- MD. AIJUDDIN R/O- VILL- CHERIBARI P.O. BHERBHERI BILL P.S. DHULA PIN- 784190 DIST.- DARRANG ASSAM 15:BHAKATPARA GPSS LTD. REP. BY THE SECY. SHAHAJAMAT AGED ABOUT 59 YEARS S/O- LT. SAMED ALI R/O- VILL- JUGIPARA P.O. BALABARI P.S. DHULA PIN- 784146 DIST.- DORRANG ASSAM 16:DHULA SAMABAY SAMITI LTD. REP. BY THE SECY. MD. NUR MAHAMAD ALI AGED ABOUT 54 YEARS R/O- VILL- ONDOLAJHAR P.O. DHULA P.S. DHULA DIST.- DARRANG PIN- 784190 ASSAM 17:BONMAJA SAMABAI SAMITY LTD. REP. BY THE CHAIRMAN SRI HARI KALITA AGED ABOUT 50 YEARS S/O- LT. PADORAM KALITA R/O- VILL- MOLIBARITARI P.O. DUNI P.S. BURAH DIST.- DARRANG ASSAM PIN- 784145 ------------ Advocate for : GA ASSAM Advocate for : MR. R MAZUMDAR appearing for CHAPAI SAMABAYA SAMITEE Page No.# 28/39 LTD. AND 16 ORS Linked Case : WP(C)/4619/2021 CHAPAI SAMABAYA SAMITEE LTD. AND 16 ORS. REP. BY ITS CHAIRMAN MD. ABDUL RASID MANDAL AGED ABOUT 64 YEARS S/O- LT. REHAN ALI R/O- VILL- SAPAI DOLGAON P.O. BHAKATPARA DIST.- DARRANG ASSAM PIN- 784190 2: PACHIM RANGAMATII SAMABAYA SAMITTEE REP. BY IT CHAIRMAN SRI DURLAV SARMAN S/O- LT. RATNESWAR SARMAH AGED ABOUT 58 YEARS R/O- VILL- BOINAOJA P.S. MANGALDOI P.O. AULACHOWKA DIST.- DARRANG ASSAM PIN- 784529 3: SIPAJHAR SAMABAYA SAMITEE REP. BY ITS CHAIRMAN MD. ABDUL KHALEK AGED ABOUT 60 YEARS S/O- LT. SAFIRUDDIN AHMED R/O- VILL- MARAI P.O. SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 784145 4: BARDOULGURI SAMABAI SAMITEE LTD. REP. BY ITS CHAIRMAN SRI BICHITRA SARMA AGED ABOUT 40 YEARS S/O- LT. HARENDRA SARMAH R/O- VILL- DAKHIN CHUBARI P.O. AND P.S. SIPAJHAR PIN- 784145 DIST.- DARRANG ASSAM Page No.# 29/39 5: KURUA SAMABAYA SAMITEE LTD. REP. BY ITS CHAIRMAN MD. MAINUL HAQUE AGED ABOUT 56 YEARS S/O- LT. HASAR ALI R/O- VILL- SANUA P.O. SANUA DIST.- DARRANG ASSAM PIN- 784145 6: DAHI SAMABAI SAMITEE LTD. REP. BY ITS SECY. SRI SANDHIRAM DEKA AGED ABOUT 63 YEARS S/O- LT. PAYALU DEKA R/O- VILL- KEOTPARA P.O. JANARAMCHOWKA P.S. MANGALDOI DIST.- DARRANG ASSAM PIN- 784529 7: KALYAN SAMABAYA SAMITTEE LTD. REP. BY THE CHAIRMAN MD. GOLAP ALI AGED ABOUT- 54 YEARS S/O- LT. JONAB ALI R/O- VILL- KONAKATAPARA P.O. DALGAON P.S. DALGAON PIN- 784116 DIST.- DARRANG ASSAM 8: BARUAJHAR SAMABAYA SAMITEE LTD. REP. BY ITS CHAIRMAN MD. MOSTAFA HUSSAIN S/O- LT. ABDUL HAQUE AGED ABOUT 34 YEARS R/O- VILL- KAHIBARI P.S. DALGAON P.O. JANGALPARA DIST.- DARRANG ASSAM PIN- 784116 9: LALPUL SAMABAYA SAMITEE LTD. REP. BY ITS CHAIRMAN MD. SAMSHER ALI AGED ABOUT 48 YEARS S/O- LT. ABDUL LATIF R/O- VILL- MADHUPUR Page No.# 30/39 P.O. LALPUL BAZAR P.S. DALGAON PIN- 784514 DIST.- DARRANG ASSAM 10: DOIPAM SAMABAYA SAMITEE LTD. REP. BY THE CHAIRMAN MD. JAMALUDDIN AGED ABOUT 59 YEARS S/O- LT. IMAN ALI R/O- VILL- DOIPAM P.O. DOIPAM P.S. DALGAON DIST.- DARRANG PIN- 784515 11: BAHABARI SAMABAYA SAMITTEE LTD. REP. BY THE CHAIRMAN MD. ABDUL REJJAK AGED ABOUT 65 YEARS R/O- VILL- BAHABARI P.O. AND P.S. KHARUPETIA PIN- 784115 DIST.- DARRANG ASSAM 12: DUKHMOSAN SAMABAYA SAMITEE LTD. REP. BY ITS CHAIRMAN MD. KUBBAT ALI AGED ABOUT 64 YEARS S/O- LT. HAZI OMAR ALI R/O- VILL- NO. 4 SIALMARI P.O. KOPATI P.S. DALGAON PIN- 784113 DIST.- DARRANG ASSAM 13: PUB RONGAMATI SAMABAYA SAMITEE LTD. REP. BY THE CHAIRMAN MD. ABUL HUSSAIN AGED ABOUT 40 YEARS S/O- LT. MUKESED ALI R/O- VILL- NO. 5 NONGLI P.O. MANGALDOI P.S. MANGALDOI PIN- 784125 DIST.- DARRANG ASSAM 14: RAJAPUKHUR GPSS LTD. Page No.# 31/39 REP. BY THE CHAIRMAN MD ABDUR RAHMAN AGED ABOUT 46 YEARS S/O- MD. AIJUDDIN R/O- VILL- CHERIBARI P.O. BHERBHERI BILL P.S. DHULA PIN- 784190 DIST.- DARRANG ASSAM 15: BHAKATPARA GPSS LTD. REP. BY THE SECY. SHAHAJAMAT AGED ABOUT 59 YEARS S/O- LT. SAMED ALI R/O- VILL- JUGIPARA P.O. BALABARI P.S. DHULA PIN- 784146 DIST.- DORRANG ASSAM 16: DHULA SAMABAY SAMITI LTD. REP. BY THE SECY. MD. NUR MAHAMAD ALI AGED ABOUT 54 YEARS R/O- VILL- ONDOLAJHAR P.O. DHULA P.S. DHULA DIST.- DARRANG PIN- 784190 ASSAM 17: BONMAJA SAMABAI SAMITY LTD. REP. BY THE CHAIRMAN SRI HARI KALITA AGED ABOUT 50 YEARS S/O- LT. PADORAM KALITA R/O- VILL- MOLIBARITARI P.O. DUNI P.S. BURAH DIST.- DARRANG ASSAM PIN- 784145 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY PRINCIPAL SECY. FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT. GOVT. OF ASSAM Page No.# 32/39 DISPUR GHY-06 2:THE COMM. AND SECY. FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRSDEPTT. GOVT. OF ASSAM DISPUR GHY-06 3:THE SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT. GOVT. OF ASSAM DISPUR GHY-06 4:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GHY-05 5:THE DY. COMMISSIONER DARRANG DIST.- DARRANG PIN- 784125 ASSAM ------------ Advocate for : MR. A SARMA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK Date : 13.01.2022 ORDER Heard Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. D. Nath, learned Senior Govt. Advocate, Assam for the applicants and Mr. A. Sarma, learned counsel for the opposite parties/writ petitioners of WP (C) No. 4475/2021, WP (C) No. 4268/2021 and WP (C) No. 4619/2021. Page No.# 33/39
#2. Petitioners of WP (C) No. 4475/2021 are the Gram Panchayat Samabay Samities/Co-operative Societies of the District of Nagaon whereas writ petitioners of WP (C) No. 4268/2021 are such samities of Morigaon District and writ petitioners of WP (C) No. 4619/2021 are such societies of the District of Darrang. All such petitioner societies are registered co-operative societies under the Assam Co-operative Societies Act, 1949 and the Assam Co-operative Societies Rules, 1953 and are regulated by the State statute and rules. The petitioner societies are in the field of lifting and distribution of PDS articles under the Essential Commodities Act, 1955 and also the Assam Public Distribution of Articles Order,
#3. Following the enactment of National Food Security Act, 2013 (NFSA, in short). The State Govt. in respect of distribution of food grains followed that the Food and Civil Supplies Department allocates the food grants which the Societies are required to lift from the respective Godowns of Food Corporation of India and thereafter, the fair price shop dealers within the territorial jurisdiction of such societies take their allocation for distribution amongst the consumers. In that process the Handling Commission is distributing commission in the ration of 70:30 i.e., 70 % for the fair price dealers and 30% for such GPSS/Co- operative Societies.
#4. The Central Govt. in exercise of power conferred under Section 39 (2) (e) read with Section 22 (4) (d) of the NFSA formulated the Food Security (Assistance to State Govt.) Rules, 2015 after consultation with the respective States under the NFSA Scheme.
#5. It is stated by the petitioners that they fall under the special category and therefore, entitled to receive a margin of Rs. 143/- per quintal and transportation cost of Rs. 100/- per quintal in respect of the rice lifted by them under the NFSA Scheme.
#6. The State Govt. in the Food, Civil Supplies and Consumer Affairs (A) Page No.# 34/39 Department vide Notification No. FSA.81/2019/Pt.III.2014 dated 23.02.2016 enhanced the rate of profit margin to GPSS/Societies and Fair Price Shops at Rs. 143/- per quintal in the ration of 70:30 (Rs. 100.10 per quintal Fair Price Shops and Rs. 42.90 per quintal to GPSS/Co- operative Societies) w.e.f. 01.12.2015 and that the said process have been followed.
#7. The State Govt. by its Cabinet decision dated 30.06.2021 have taken a different stand to the extent that from the financial year 2021-22, the GPSS/Co-operative Societies will not be paid the handling margin money and accordingly the State Govt. in its Food, Civil Supplies and Consumer Affairs Department vide order no. FSA.81/2009/Pt.-III/312 dated 13.07.2021 informed the Director of Food, Civil Supplies and Consumer Affairs Department, Assam that the Fair Price Shop Dealer’s margin shall be payable at the rate of Rs. 143/- per quintal of rice to FPSS dealer only for carrying out distribution of food grains to NFSA beneficiaries as per said 2015 rule from the financial year 2021-22 and that no part of the FPSS dealer’s margin shall be payable to GPSS/LAMPS/WCCS from the financial year 2021-22.
#8. It is stated by the petitioners that the Central Govt. released an amount of Rs. 75,28,00,548/- for the State of Assam as central assistance for additional food grains allocated by the Govt. of India Pradhan Mantri Garib Kalyan Anna Yojna (PMGKAY). In terms of the same the concerned authorities in the Food, Civil Supplies and Consumer Affairs Department prepared the statements showing the District wise Commission Bill for central assistance. With regard to such Commission Bill of central assistance for the period from April 2020 to November 2020 pertaining to Nagaon District, the amount is of Rs. 4,81,17,987/-, for Morigaon District for the same period is Rs. 2,47,88,993/- and for Darrang District, it is Rs. 2,35,01,861/-. Petitioner stated that as they have lifted the food grains during the same period April 2020 to November 2020, they are entitled for commission amount of 30% during that period and for Nagoan District such commission of 30% of the amount Rs. 4,81,17,987/- is Rs. 1,44,35,396.10; 30% commission of Morigaon District for Rs. 2,47,88,993/- is Rs. 74,36,697.90 and such 30% commission of Darrang District for Rs. 2,35,01,861/- is Rs. 70,50,558.30. Page No.# 35/39
#9. As the respondents in the Food, Civil Supplies and Consumer Affairs Department decided to release entire profit of Rs. 143/- per quintal to the FPS dealers without giving any share of the same to the petitioner Societies at the ratio of 70:30 for the period from April 2020 to November 2020 from the Central Govt.’s fund of Rs. 75,28,00,548/-. The petitioner have approached this Court in the present petitions praying amongst others for setting aside the order dated 27.07.2021 passed by the Director of Civil Supplies and Consumer Affairs Department, Assam issued under no. SA.14/2020/PMGKAY/14 whereby all the Deputy Commissioners of State as well as the Principal Secretaries of the Autonomous Councils were directed to release the central assistance towards Intra-State movement and FPS Dealer’s margin under PMGKAY for the said period of April 2020 to November 2020 in terms of statements prepared that it did not include any share for the petitioner Societies in their respective Districts of the State and to pay them 30% commission at the ratio of 70:30 noted above for said period of April 2020 to November 2020 from the said central assistance with the interim prayer not to release 30% of such commission amount, i.e. Rs. 4,81,17,987/- for Nagoan District and Rs. 70,50,558.30 for Darrang District.
#10. Vide interim order dated 07.09.2021, this Court in WP (C) No. 4475/2021 directed the Deputy Commissioner, Nagaon not to release 30% share of Rs. 143/- per quintal to the FPS dealers of Nagaon District towards distribution of food grains allocated by Govt. of India PMGKAY out of the entire share for the period from April 2020 to November 2020, which is still in force.
#11. On 14.09.2021, this Court in WP (C) No. 4619/2021 passed an interim order directing Deputy Commissioner, Darrang not to release 30% share of Rs. 143/- per quintal to the FPS dealers of Darrang District towards distribution of food grains allocated by Govt. of India PMGKAY out of the entire share for the period from April 2020 to November 2020 and the said interim order is still in force.
#12. However, with regard to WP (C) no. 4268/2021 pertaining to Morigaon District presently there is no interim order in force. Page No.# 36/39
#13. The State Govt. have preferred I.A.(C) no. 139/2022 in WP (C) no. 4475/2021 and I. A. (C) no. 140/2022 in WP (C) no. 4619/2021 praying to vacate the orders dated
31.08.2021 as well as 14.09.2021 passed in those WP(C) Nos. 4475/2021 and 4619/2021 respectively.
#14. As agreed by the parties all the writ petitions and interlocutory applications have taken up together for consideration.
#15. Mr. Saikia, learned Advocate General of the State by placing the notification dated 17.08.2015 issued by the Ministry of Consumer Affairs and Food Public Distribution in the Department of Food and Public Distribution that pertains to aforesaid 2015 Rules placed before the Court that as per Rule 5 of said 2015 rules, it is the duty of the State Govt. to take delivery of food grains under Targeted Public Distribution System from the designed Depots (the Godowns of FCIs) to ensure its delivery through their authorised agency up to the door step of Fair Price Shops and to ensure its supply to entitled persons and households at prices specified in the schedule therein.
#16. Placing Rule 6 of the said 2015 rule, Mr. Saikia submitted that it is the Central Govt. who assists the State Govt. to meet the expenditure incurred by it on intra-State movement, handling of food grains and margins paid to Fair Price Shop dealers for distribution of food grains allocated for the entitled persons and households. Page No.# 37/39
#17. Mr. Saikia, learned Advocate General further placed before this Court that Rs. 143/- per quintal is to be paid to the Fair Price Shop dealer as the margin money of the allocate food grains by the Central Govt. under Targeted Public Distribution System from Central Pool and Rs. 100/- per quintal for intra-State movement and handling with regard to special category State including Assam.
#18. Mr. Saikia therefore submitted that Rs. 143/- per quintal is for the FPS Dealers but earlier the State Govt. took a decision to part the said amount at the rate of 70:30 of said Rs. 143/- per quintal i.e. Rs. 100.10 per quintal Fair Price Shops and Rs. 42.90 per quintal to GPSS/Co-operative Societies w.e.f. 01.12.2015. It is stated from record that the Central Govt. have deducted an amount of Rs. 111.15 crores that was paid to GPSS/Co-operative Societies as handling charge for transportation of the food grains @ Rs. 42.90 per quintal from the share of FPS dealers since December 2015 to the financial year 2018-19 being in not conformity with said 2015 Rules. Mr. Saikia submitted that as the State Govt. in its Food, Civil Supplies and Consumer Affairs (A) Department earlier passed the said notification dated
23.02.2016 in violation of said 2015 Rules, the State Cabinet accordingly took a fresh decision in June 2021 to give Rs. 143/- per quintal to the FPS Dealers as per their entitlement under 2015 Rules. In this regard Mr. Saikia stated that the FPS dealers were complaining since long as they were not paid Rs. 143/- per quintal of their share in terms of the said 2015 Rules and the Cabinet appropriately took the decision in its meeting in June 2021 following the 2015 Rules.
#19. The State Govt. in its Food, Civil Supplies and Consumer Affairs Department in their applications stated that because of the stay orders dated 31.08.2021 as well as
14.09.2021 passed in those WP(C) nos. 4475/2021 and 4619/2021 respectively, certain amount are lying unspent at all level in the Bank of Implementing Agencies and in terms of the communication of the Govt. of India in the Ministry of Consumer Affairs and Food Public Distribution, Department of Food and Public Distribution 25.05.2021, that specified that due Page No.# 38/39 to showing of unspent balance in the Bank accounts of the Implementing Agencies in PFMS of the State, in terms of instruction of Ministry of Finance, release of funds towards Central Assistance to State of Assam towards intra-State movement and handling of food grains and Fair Price Shop Dealer’s margin to distribution of food grain under PMGKAY, the Central Govt. could not release such fund to the State due to showing of such unutilized amount. As such the State Govt. prayed for release of such amount by vacating and/or modifying the stay orders dated 31.08.2021 and 14.09.2021 noted above.
#20. Mr. D. Saikia, learned Advocate General also submitted that the petitioner Societies shall receive their respective share out of Rs. 143/- noted above for the said period from April 2020 to November 2020 in terms of the earlier policy decision of the Govt.
#21. Mr. Sarma, learned counsel appearing for opposite parties/writ petitioners submitted that they should be paid the 30% of Rs. 143/- per quintal in terms of the 70:30 ratio as per the policy decision of the State Govt. and since they have already completed the work like lifting and transporting the food grain for the said period of April 2020 to November 2020 and if the stay orders are vacated, they may not be paid the amount as per their entitlement for the said period. It is seen that the earlier policy decision of the State Govt. in distributing the share of Rs. 143/- per quintal or rice in the ratio of 70:30 for the FPS Dealers and the GPSS/Co-operative Societies was in force since 01.12.2015, as noted above and the Cabinet in June 2021 took a fresh decision giving effect from the financial year 2021-22 giving entire Rs. 143/- per quintal of rice to FPS Dealers in terms of the said 2015 Rules.
#22. On being enquired, Mr. Saikia, learned Advocate General submitted that as the decision has been take or giving 100% share of Rs. 143/- per quintal to the FPS dealers in terms of the Rule 2015 from the financial year 2021-22, the petitioners i. e., the concerned GPSS/Co-operative Societies of the WP (C) nos. 4475/2021, 4268/ 2021 and 4619/2021, shall be entitled towards such handling work of lifting and transportation charges that was prevalent during the period from April 2020 to November 2020. Page No.# 39/39
#23. Considering the entire aspect of the matter and on hearing the parties, these writ petitions are disposed of directing the State Govt. in the Food, Civil Supplies and Consumer Affairs Department to release the 30% share of Rs. 143/- per quintal of rice i.e., Rs. 42.90 per quintal payable for the period from April 2020 to November 2020 to the petitioners for such handling of work for lifting and transportation of the food grains from the FCI godowns as noted above, which they have actually done for the said period. Such amount shall be paid by the State respondents in the Food, Civil Supplies and Consumer Affairs Department to the petitioner GPSS/Co-operative Societies on or before 28.02.2022 as per their entitlement on due verification of such handling work done by them, as noted above.
#24. With the above observations and directions, the writ petitions and the connected interlocutory applications stand disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: writ petitions are disposed of directing the State Govt
Which statutory provisions did this judgment involve?
Assam Co-operative Societies Act, 1949; Essential Commodities Act, 1955; National Food Security Act, 2013.
Which court decided this case, and when?
Gauhati High Court, on 13 Jan 2022.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.