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2024 DAILYLAW 2026 (GAU)

M/S SATYA NARAYAN SARMA TRADERS, GOALPARA v. BARDAMAL GPSS LTD AND 28 ORS

I.A.(Civil)/3355/2024 · 2026-03-25

Kalyan Rai Surana, Susmita Phukan Khaund

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Judgment text

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Page No.# 1/13 GAHC010229912024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No: I.A.(Civil)/3355/2024 M/S SATYA NARAYAN SARMA TRADERS GOALPARA REPRESENTED BY ITS MANAGING DIRECTOR GOALPARA TOWN P.O.- BALADMARI P.S. AND DISTRICT- GOALPARA ASSAM. PIN - 783101 VERSUS BARDAMAL GPSS LTD AND 28 ORS REPRESENTED BY ITS SECRETARY MOFIDUL ISLAM AGED ABOUT 49 YEARS RESIDENT OF VILLAGE AND P.O.- BARDAMAL P.S.- AGIA DISTRICT- GOALPARA ASSAM. PIN NO.- 783120 2:KRISHNAI GPSS LTD. REPRESENTED BY ITS CHAIRMAN MOIJUDDIN SHEIKH AGED ABOUT 62 YEARS RESIDENT OF VILLAGE P.O. AND P.S.- KRISHNAI DISTRICT- GOALPARA ASSAM. PIN NO.- 783126 3:DODAN GPSS LTD. REPRESENTED BY ITS SECRETARY JOGENDRA CHANDRA RABHA AGED ABOUT 48 YEARS Page No.# 2/13 RESIDENT OF VILLAGE- BAIDA P.O.- JURIGAON P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783120 4:BALIJANA GPSS LTD. REPRESENTED BY ITS CHAIRMAN SUKDHAN RABHA AGED ABOUT 53 YEARS SON OF LATE DHANESWAR RABHA RESIDENT OF VILLAGE P.O. AND P.S.- AGIA DISTRICT- GOALPARA ASSAM. PIN NO.- 783120 5:JOYRAMKUCHI GPSS LTD. REPRESENTED BY ITS CHAIRMAN DEBCHARAN RABHA AGED ABOUT 53 YEARS RESIDENT OF VILLAGE- THARKO P.O.- PANICHALI P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783129 6:GURIADHAP GPSS LTD. REPRESENTED BY ITS SECRETARY AKSADUR RAHMAN AGED ABOUT 58 YEARS RESIDENT OF VILLAGE AND P.O.- DHUMERGHAT P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783330 7:CHUNARI GPSS LTD. REPRESENTED BY ITS SECRETARY NOZRUL ISLAM AGED ABOUT 39 YEARS RESIDENT OF VILLAGE AND P.O.- CHUNARI P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783129 8:GOALPARA WHOLESALE LTD. REPRESENTED BY ITS SECRETARY AMINUL HOQUE AGED ABOUT 57 YEARS RESIDENT OF- GOALPARA TOWN WARD NO.- 3 P.O. AND P.S.- GOALPARA SADAR DISTRICT- GOALPARA ASSAM. PIN NO.- 783101 Page No.# 3/13 9:FAIR PRICE DEALER CARRIAGE AND CONTRACT CO-OPERATIVE SOCIETY LTD. REPRESENTED BY ITS SECRETARY AMINUL HUSSAIN AGED ABOUT 62 YEARS RESIDENT OF- GOALPARA TOWN WARD NO.- 3 P.O. AND P.S.- GOALPARA SADAR DISTRICT- GOALPARA ASSAM. PIN NO.- 783101 10:JALESWAR GPSS LTD. REPRESENTED BY ITS SECRETARY ABDUN NUR MOLLAH AGED ABOUT 57 YEARS RESIDENT OF VILLAGE AND P.O.- JALESWAR P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783132 11:JAKHILI GPSS LTD. REPRESENTED BY ITS SECRETARY ANANDA RAM BARMAN AGED ABOUT 38 YEARS RESIDENT OF VILLAGE AND P.O.- DHAIGAON P.S.- KRISHNAI DISTRICT- GOALPARA ASSAM. PIN NO.- 783126 12:RANGJULI GPSS LTD. REPRESENTED BY ITS CHAIRMAN SAHADEV RABHA AGED ABOUT 49 YEARS RESIDENT OF VILLAGE P.O. AND P.S.- RANGJULI DISTRICT- GOALPARA ASSAM. PIN NO.- 783130 13:DUDHNAI GPSS LTD. REPRESENTED BY ITS SECRETARY GUNADHAR RABHA AGED ABOUT 57 YEARS RESIDENT OF VILLAGE P.O. AND P.S.- DUDHNAI DISTRICT- GOALPARA ASSAM. PIN NO.- 783124 14:DHANUBHANGA GPSS LTD. REPRESENTED BY ITS SECRETARY TIRTHALOCHAN KACHARY AGED ABOUT 55 YEARS RESIDENT OF VILLAGE AND P.O.- DHANUBHANGA P.S.- DHUPDHARA DISTRICT- GOALPARA Page No.# 4/13 ASSAM. PIN NO.- 783130 15:BIKALI GPSS LTD. REPRESENTED BY ITS SECRETARY JAGADISH BASUMATARY AGED ABOUT 46 YEARS RESIDENT OF VILLAGE P.O. AND P.S.- DHUPDHARA DISTRICT- GOALPARA ASSAM. PIN NO.- 783123 16:TAKIMARI GPSS LTD. REPRESENTED BY ITS CHAIRMAN MONIR UDDIN AHMED AGED ABOUT 46 YEARS RESIDENT OF VILLAGE AND P.O.- TAKIMARI P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783129 17:KALSABHANGA RAWKHOWA GPSS LTD. REPRESENTED BY ITS SECRETARY JAHIRUL ISLAM MANDAL AGED ABOUT 43 YEARS RESIDENT OF VILLAGE AND P.O.- RAWKHOWA P.S.- CHUNARI DISTRICT- GOALPARA ASSAM. PIN NO.- 783129 18:BAGUAN GPSS LTD. REPRESENTED BY ITS CHAIRMAN ABDUR RAHIM AGED ABOUT 49 YEARS RESIDENT OF VILLAGE P.O. AND P.S.- BAGUAN DISTRICT- GOALPARA ASSAM. PIN NO.- 783129 19:JHUNKAIPARA GPSS LTD. REPRESENTED BY ITS SECRETARY SHAMIM HASSAN AGED ABOUT 28 YEARS RESIDENT OF VILLAGE- JHUNKAIPARA P.O.- SIMLABARI P.S.- BAGUAN DISTRICT- GOALPARA ASSAM. PIN NO.- 783101 20:BODAHAPUR GPSS LTD. REPRESENTED BY ITS SECRETARY MAHENDRA RAY AGED ABOUT 61 YEARS RESIDENT OF VILLAGE AND P.O.- BODAHAPUR P.S.- AGIA Page No.# 5/13 DISTRICT- GOALPARA ASSAM. PIN NO.- 783120 21:SRI SRI SURJYAGIRI GPSS LTD. REPRESENTED BY ITS SECRETARY AFIZ UDDIN AHMED AGED ABOUT 73 YEARS RESIDENT OF VILLAGE AND P.O. DUBAPARA P.S.- MORNAI DISTRICT- GOALPARA ASSAM. PIN NO.- 783101 22:SIDHABARI GPSS LTD. REPRESENTED BY ITS SECRETARY SUSHIL KUMAR NATH AGED ABOUT 57 YEARS RESIDENT OF VILLAGE- SIDHABARI P.O.- BAKAITARI P.S.- MATIA DISTRICT- GOALPARA ASSAM. PIN NO.- 783125 23:DALGOMA GPSS LTD. REPRESENTED BY ITS SECRETARY AZIZUL HOQUE AGED ABOUT 49 YEARS RESIDENT OF VILLAGE- BUDUCHAR P.O.- DALGOMA P.S.- MATIA DISTRICT- GOALPARA ASSAM. PIN NO.- 783125 24:THE UNION OF INDIA REPRESENTED BY SECRETARY TO THE DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS SHASTRI BHAWAN NEW DELHI. PIN- 110001 25:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER TO THE GOVT. OF ASSAM DEPARTMENT OF FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DISPUR GUWAHATI- 781006 26:THE COMMISSIONER OF FOOD PUBLIC FISTRIBUTION CONSUMER AFFAIRS AND LEGAL METROLOGY ASSAM ULUBARI GUWAHATI- 07 Page No.# 6/13 27:THE SECRETARY TO THE GOVT. OF ASSAM FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM GUWAHATI- 781006 DISTRICT- KAMRUP (M) ASSAM 28:THE DIRECTOR OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI- 781005 DISTRICT- KAMRUP (M) ASSAM 29:THE DISTRICT COMMISSIONER GOALPARA P.S. AND DISTRICT- GOALPARA ASSAM. PIN- 783101 ------------ Advocate for : MR. T J MAHANTA Advocate for : DY.S.G.I. appearing for BARDAMAL GPSS LTD AND 28 ORS Case No. : WA/372/2024 M/S SATYA NARAYAN SARMA TRADERS, GOALPARA REPRESENTED BY ITS MANAGING DIRECTOR, GOALPARA TOWN, P.O.- BALADMARI, P.S. AND DISTRICT- GOALPARA, ASSAM. PIN - 783101 VERSUS BARDAMAL GPSS LTD AND 28 ORS REPRESENTED BY ITS SECRETARY MOFIDUL ISLAM, AGED ABOUT 49 YEARS, RESIDENT OF VILLAGE AND P.O.- BARDAMAL, P.S.- AGIA, DISTRICT- GOALPARA, ASSAM. PIN NO.- 783120 2:KRISHNAI GPSS LTD. REPRESENTED BY ITS CHAIRMAN MOIJUDDIN SHEIKH AGED ABOUT 62 YEARS Page No.# 7/13 RESIDENT OF VILLAGE P.O. AND P.S.- KRISHNAI DISTRICT- GOALPARA ASSAM. PIN NO.- 783126 3:DODAN GPSS LTD. REPRESENTED BY ITS SECRETARY JOGENDRA CHANDRA RABHA AGED ABOUT 48 YEARS RESIDENT OF VILLAGE- BAIDA P.O.- JURIGAON P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783120 4:BALIJANA GPSS LTD. REPRESENTED BY ITS CHAIRMAN SUKDHAN RABHA AGED ABOUT 53 YEARS SON OF LATE DHANESWAR RABHA RESIDENT OF VILLAGE P.O. AND P.S.- AGIA DISTRICT- GOALPARA ASSAM. PIN NO.- 783120 5:JOYRAMKUCHI GPSS LTD. REPRESENTED BY ITS CHAIRMAN DEBCHARAN RABHA AGED ABOUT 53 YEARS RESIDENT OF VILLAGE- THARKO P.O.- PANICHALI P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783129 6:GURIADHAP GPSS LTD. REPRESENTED BY ITS SECRETARY AKSADUR RAHMAN AGED ABOUT 58 YEARS RESIDENT OF VILLAGE AND P.O.- DHUMERGHAT P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783330 7:CHUNARI GPSS LTD. REPRESENTED BY ITS SECRETARY NOZRUL ISLAM AGED ABOUT 39 YEARS RESIDENT OF VILLAGE AND P.O.- CHUNARI P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783129 Page No.# 8/13 8:GOALPARA WHOLESALE LTD. REPRESENTED BY ITS SECRETARY AMINUL HOQUE AGED ABOUT 57 YEARS RESIDENT OF- GOALPARA TOWN WARD NO.- 3 P.O. AND P.S.- GOALPARA SADAR DISTRICT- GOALPARA ASSAM. PIN NO.- 783101 9:FAIR PRICE DEALER CARRIAGE AND CONTRACT CO- OPERATIVE SOCIETY LTD. REPRESENTED BY ITS SECRETARY AMINUL HUSSAIN AGED ABOUT 62 YEARS RESIDENT OF- GOALPARA TOWN WARD NO.- 3 P.O. AND P.S.- GOALPARA SADAR DISTRICT- GOALPARA ASSAM. PIN NO.- 783101 10:JALESWAR GPSS LTD. REPRESENTED BY ITS SECRETARY ABDUN NUR MOLLAH AGED ABOUT 57 YEARS RESIDENT OF VILLAGE AND P.O.- JALESWAR P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783132 11:JAKHILI GPSS LTD. REPRESENTED BY ITS SECRETARY ANANDA RAM BARMAN AGED ABOUT 38 YEARS RESIDENT OF VILLAGE AND P.O.- DHAIGAON P.S.- KRISHNAI DISTRICT- GOALPARA ASSAM. PIN NO.- 783126 12:RANGJULI GPSS LTD. REPRESENTED BY ITS CHAIRMAN SAHADEV RABHA AGED ABOUT 49 YEARS RESIDENT OF VILLAGE P.O. AND P.S.- RANGJULI DISTRICT- GOALPARA ASSAM. PIN NO.- 783130 13:DUDHNAI GPSS LTD. REPRESENTED BY ITS SECRETARY GUNADHAR RABHA Page No.# 9/13 AGED ABOUT 57 YEARS RESIDENT OF VILLAGE P.O. AND P.S.- DUDHNAI DISTRICT- GOALPARA ASSAM. PIN NO.- 783124 14:DHANUBHANGA GPSS LTD. REPRESENTED BY ITS SECRETARY TIRTHALOCHAN KACHARY AGED ABOUT 55 YEARS RESIDENT OF VILLAGE AND P.O.- DHANUBHANGA P.S.- DHUPDHARA DISTRICT- GOALPARA ASSAM. PIN NO.- 783130 15:BIKALI GPSS LTD. REPRESENTED BY ITS SECRETARY JAGADISH BASUMATARY AGED ABOUT 46 YEARS RESIDENT OF VILLAGE P.O. AND P.S.- DHUPDHARA DISTRICT- GOALPARA ASSAM. PIN NO.- 783123 16:TAKIMARI GPSS LTD. REPRESENTED BY ITS CHAIRMAN MONIR UDDIN AHMED AGED ABOUT 46 YEARS RESIDENT OF VILLAGE AND P.O.- TAKIMARI P.S.- LAKHIPUR DISTRICT- GOALPARA ASSAM. PIN NO.- 783129 17:KALSABHANGA RAWKHOWA GPSS LTD. REPRESENTED BY ITS SECRETARY JAHIRUL ISLAM MANDAL AGED ABOUT 43 YEARS RESIDENT OF VILLAGE AND P.O.- RAWKHOWA P.S.- CHUNARI DISTRICT- GOALPARA ASSAM. PIN NO.- 783129 18:BAGUAN GPSS LTD. REPRESENTED BY ITS CHAIRMAN ABDUR RAHIM AGED ABOUT 49 YEARS RESIDENT OF VILLAGE P.O. AND P.S.- BAGUAN DISTRICT- GOALPARA Page No.# 10/13 ASSAM. PIN NO.- 783129 19:JHUNKAIPARA GPSS LTD. REPRESENTED BY ITS SECRETARY SHAMIM HASSAN AGED ABOUT 28 YEARS RESIDENT OF VILLAGE- JHUNKAIPARA P.O.- SIMLABARI P.S.- BAGUAN DISTRICT- GOALPARA ASSAM. PIN NO.- 783101 20:BODAHAPUR GPSS LTD. REPRESENTED BY ITS SECRETARY MAHENDRA RAY AGED ABOUT 61 YEARS RESIDENT OF VILLAGE AND P.O.- BODAHAPUR P.S.- AGIA DISTRICT- GOALPARA ASSAM. PIN NO.- 783120 21:SRI SRI SURJYAGIRI GPSS LTD. REPRESENTED BY ITS SECRETARY AFIZ UDDIN AHMED AGED ABOUT 73 YEARS RESIDENT OF VILLAGE AND P.O. DUBAPARA P.S.- MORNAI DISTRICT- GOALPARA ASSAM. PIN NO.- 783101 22:SIDHABARI GPSS LTD. REPRESENTED BY ITS SECRETARY SUSHIL KUMAR NATH AGED ABOUT 57 YEARS RESIDENT OF VILLAGE- SIDHABARI P.O.- BAKAITARI P.S.- MATIA DISTRICT- GOALPARA ASSAM. PIN NO.- 783125 23:DALGOMA GPSS LTD. REPRESENTED BY ITS SECRETARY AZIZUL HOQUE AGED ABOUT 49 YEARS RESIDENT OF VILLAGE- BUDUCHAR P.O.- DALGOMA P.S.- MATIA DISTRICT- GOALPARA ASSAM. PIN NO.- 783125 24:THE UNION OF INDIA REPRESENTED BY SECRETARY TO THE DEPARTMENT OF Page No.# 11/13 FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS SHASTRI BHAWAN NEW DELHI. PIN- 110001 25:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER TO THE GOVT. OF ASSAM DEPARTMENT OF FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DISPUR GUWAHATI- 781006 26:THE COMMISSIONER OF FOOD PUBLIC FISTRIBUTION CONSUMER AFFAIRS AND LEGAL METROLOGY ASSAM ULUBARI GUWAHATI- 07 27:THE SECRETARY TO THE GOVT. OF ASSAM FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM GUWAHATI- 781006 DISTRICT- KAMRUP (M) ASSAM 28:THE DIRECTOR OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI- 781005 DISTRICT- KAMRUP (M) ASSAM 29:THE DISTRICT COMMISSIONER GOALPARA P.S. AND DISTRICT- GOALPARA ASSAM. PIN- 78310 Advocate for the Petitioner : MR. T J MAHANTA, R BORDOLOI,MS. P P DAS,MS P SARMA,MR. A BORUA,MR. TARUN GOGOI,MR. P P DUTTA Advocate for the Respondent : DY.S.G.I., MS. A KAUSHAR (R-1 TO 23),MR S ISLAM (R-1 TO 23),MR. A CHOUDHURY (R-1 TO 23),MR H R A CHOUDHURY (R-1 TO 23),GA, ASSAM Page No.# 12/13 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26.03.2026 (K.R. Surana, J) Heard Mr. T.J. Mahanta, learned senior counsel assisted by Ms. P. Sharma, learned counsel for the applicant. Mr. S. Islam, learned counsel appearing for respondent nos. 1 to 23 and Ms. R.B. Bora, learned Govt. Advocate representing respondent no. 25 to 29 is present and submitted that the affidavit by the State has been filed. Mr. K. Gogoi, learned CGC is present. 2. It is observed that an interim order has been passed in this interlocutory application on 04.11.2024, and the said interim order has been extended from time to time. 3. In the connected writ appeal, the learned counsel the representing respondent nos. 1 to 23 has sought for further time to file affidavit in the matter. Therefore, it appears that the respondent nos. 1 to 23 have not shown any urgency for any decisions in this connected appeal. 4. Accordingly, till the matter is heard interim order passed on 04.11.2024 stands extended. Page No.# 13/13 5. Accordingly, this interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant