Page No.# 1/5 GAHC010067292025 2025:GAU-AS:4099 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1804/2025 SMT. UPEMMAL PATAR AND 4 ORS. WIFE OF RIMAL AMSIH, PROPRIETOR OF M/S LOYAL GAS SERVICE, HAVING HER PRINCIPAL PLACE OF BUSINESS AT JAKHALABANDHA, NAGAON, ASSAM-782136 2: M/S SWADESHI GAS AGENCY A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT KAMRUP NAGAON-782426 ASSAM REPRESENTED BY ONE OF ITS PARTNERS SRI DHARMENDRA KAUSHIK SON OF LATE RAMAKANTA BORTHAKUR AGED ABOUT 47 YEARS 3: SMTI. TRISHNA DEVI WIFE OF ALAKESH SARMA PROPRIETOR OF M/S TRISHNA INDANE GRAMIN VITRAK HAVING HER PRINCIPAL PLACE OF BUSINESS AT VILLAGE DEHARKUCHI P.O.- SANEKUCHI DIST- NALBARI ASSAM-781350 4: SMTI. LAKHI DEORI WIFE OF AMAL DEORI PROPRIETOR OF M/S KUKI INDANE HAVING HER PRINCIPAL PLACE OF BUSINESS AT NH-52 MISSION CHARIALI GATONGA BALIPUKHURI TINIALI P.S.- BABAJIA PIN-784154 DIST- SONITPUR ASSAM Page No.# 2/5 5: M/S PS GAS AGENCY A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT HATIGAON NEAR RCC BRIDGE GUWAHATI-781038 ASSAM REPRESENTED BY ONE OF ITS PARTNERS SRI RAJESH AGARWAL SON OF SRI BANWARILAL AGARWAL AGED ABOUT 57 YEAR VERSUS THE INDIAN OIL CORPORATION LTD AND 4 ORS. HAVING ITS REGISTERED OFFICE AT INDIAN OIL BHAWAN, G-9, ALI YAVAR JUNG MARG, BANDRA(EAST), MUMBAI-400051 2:THE INDIAN OIL-ASSAM OIL DIVISION INDIAN OIL CORPORATION LTD NORTH GUWAHATI LPG BOTTLING PLANT P.O- COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI-781031 (ASSAM) 3:THE DY. GENERAL MANAGER LPG-SALES NORTH GUWAHATI LPG BOTTLING PLANT P.O.- COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI-781013 (ASSAM) 4:THE DY. GENERAL MANAGER (PLANT) INDIAN OIL CORPORATION LTD. NORTH GUWAHATI LPG BOTTLING PLANT P.O.- COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI-781031 (ASSAM) 5:THE CHIEF MANAGER (PLANT) INDIAN OIL CORPORATION LTD NORTH GUWAHATI LPG BOTTLING PLANT P.O.- COLLEGE NAGAR ABHOYPUR Page No.# 3/5 NORTH GUWAHATI GUWAHATI-781031 ASSAM Advocate for the Petitioner : MR. O P BHATI, S. K. GUPTA,MR. P SARMA,MR T C DAS Advocate for the Respondent : SC, I O C, BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 04.04.2025 Heard Mr. O. P. Bhati, learned counsel for the petitioners. Also heard Mr. M. K. Choudhury, learned Senior Counsel, for all the respondents. 2. The petitioners are sole proprietors as well as partnership firms for sale of Liquefied Petroleum Gas (LPG) known as “Indane”. The petitioners before this Court are aggrieved with the Communications dated 20.02.2025, 27.02.2025, 27.02.2025, 28.02.2025 and 20.02.2025 issued by the DGM (Plant), North Guwahati, wherein, it is stated that the Indian Oil – AOD, Indian Oil Corporation Limited had a review of credits/debits passed to distributors/transporters on account of Market Return cylinders in the year 2023-24, which was carried out for North Guwahati BP. In the said review, it was revealed that the credit has been passed to the petitioners account for empty cylinders returned to the plant and the said credit was incorrectly passed into the petitioners’ account, since the ERV slips were not signed either by the transporter/distributor representative or by both, which is in violation of the prescribed Policy. The petitioners were accordingly directed to submit their explanation (with proofs/documents) within 7 (seven) days as to why the debit/deduction should Page No.# 4/5 not be raised against them. 3. On receipt of the aforesaid Communications the petitioners made their separate replies on different dates before the Deputy General Manager (Plant), North Guwahati requesting for extension of time to submit an effective explanation with supporting documents. 4. It is the case of the petitioner that the respondents are yet to respond to the replies made by the petitioners and in the meantime, the petitioner Nos. 2, 3, 4 & 5 has been issued recovery notices on different dates in the month of March, 2025 and accordingly, they apprehend that the amount would be deducted from their PAD accounts. 5. Mr. M. K. Choudhury, learned Senior Counsel, appearing on behalf of all the respondents submits that the petitioners could not have filed a joint petition inasmuch as the cause of action for all the petitioners are different. He also submits that the respondents are yet to debit/deduct the amounts specified in the separate Communications and are awaiting the reply of the petitioners. 6. Considering the submissions made by the learned counsel for the parties, this Court proposes to dispose of this writ petition directing the respondents to grant an extension of 30 (thirty) days w.e.f. today to the petitioners for making their replies to the Communications made to them. The petitioners shall file their individual replies before the concerned authorities within the said extended period. The respondent authorities may also supply any documents that the petitioners may ask for, to enable them to submit their respective replies. 7. Till the reply is filed within the stipulated period of 30 (thirty) days w.e.f. today and a decision is taken by the concerned authorities, it is made clear that there shall be no debit/deduction of the amount specified in the Page No.# 5/5 Communications dated 20.02.2025, 27.02.2025, 27.02.2025, 28.02.2025 and 20.02.2025. While considering the reply made by the petitioners, the respondents are at liberty to give a personal hearing to the petitioners. It is further directed that the recovery notices shall not be given effect to till the respondents takes a decision on the replies made by the petitioners. 8. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant