Page No.# 1/5 GAHC010198602025 2025:GAU-AS:12329 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5122/2025 M/S SILCHAR INDANE SERVICE AND 2 ORS REPRESENTED BY PETITIONER NO. 2 AND 3 TRUNK ROAD (SILCHAR SPORTING COMPLEX) SILCHAR, DIST. CACHAR, ASSAM, PIN- 788001. 2: LIPI RANI PAUL D/O- LATE AMAR CH. PAUL PARTNER OF SILCHAR INDANE SERVICE R/O- UTTAR KRISHNAPUR PART-I SILCHAR P.O. UTTAR KRISHNAPUR DIST. CACHAR ASSAM PIN- 788006. 3: MARIAM BIBI CHOUDHURY W/O- ZARJIS ALOM CHOUDHURY PARTNER OF SILCHAR INDANE SERVICE RESIDENT OF UTTAR KRISHNAPUR PART-I SILCHAR P.O. UTTAR KRISHNAPUR DIST. CACHAR ASSAM PIN- 788006 VERSUS INDIAN OIL CORPORATION LTD. AND 4 ORS REPRESENTED BY ITS CHAIRMAN, INDIAN OIL BHAVAN, G-9, ALI YAVAR JUNG MARG, BANDRA, MUMBAI (EAST), MUMBAI-400051, MAHARASHTRA. 2:THE CHIEF GENERAL MANAGER (LPG) INDIAN OIL BHAVAN Page No.# 2/5 SECTOR-III NOONMATI GUWAHATI-20 ASSAM 3:THE DEPUTY GENERAL MANAGER (VIGILANCE) INDIAN OIL CORPORATION LTD. IOAOD STATE OFFICE INDIAN OIL BHAVAN SECTOR-III NOONMATI GUWAHATI-20 ASSAM 4:THE DIVISIONAL LPG HEAD INDANE D.O. SILCHAR 1ST FLOOR JAGANNATH APARTMENT HOSPITAL ROAD SILCHAR PIN- 788005 ASSAM 5:THE ASSISTANT MANAGER (LPG-S) SILCHAR-II LSA INDIAN OIL CORPORATION LIMITED INDANE DIVISIONAL OFFICE 1ST FLOOR JAGANNATH APARTMENT HOSPITAL ROAD SILCHAR PIN- 788005 ASSA B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) :Mr. PKR Choudhury Advocates for the respondent(s) : Mr. MK Choudhury, Senior Advocate Page No.# 3/5 Mr. M Sarma For respondent Nos.1 to 5. Date of hearing & judgment :10.09.2025 JUDGMENT & ORDER(ORAL) Heard Mr. PKR Choudhury, the learned counsel appearing on behalf of the petitioners. Mr. MK Choudhury, the learned Senior Counsel assisted by Mr. M Sarma, the learned counsel, who appears on behalf of the respondent Nos.1 to 5. 2. The petitioners herein have approached this Court challenging the actions of the respondent authorities in not supplying the cylinders as well as regulators in terms with the agreement entered into by and between the petitioners as well as the respondent IOCL dated 21.11.2023. 3. Mr. PKR Choudhury, the learned counsel appearing on behalf of the petitioners submits that on the basis of a complaint filed by a stranger, namely, Sri Gautam Kumar Kaunda, who has no relation or business with the petitioner No.1., a show cause proceedings was initiated by the respondent authorities vide a show cause notice dated 24.07.2025. The petitioner upon receipt of the said show cause notice, within the period stipulated therein submitted a reply to the said show cause notice. 4. Mr. PKR Choudhury, the learned counsel submits that when the said proceedings are going on, the respondent authorities could not have stopped the supply of the cylinders as well as regulators which are essential for the purpose of the petitioners to carry on the business in terms with the Page No.# 4/5 Memorandum of Agreement dated 23.11.2023. It is under such circumstances, the petitioners have approached this Court by filing the present proceedings. 5. It is relevant to take note of that when the matter was listed before this Court on 03.09.2025, this Court sought for instruction(s) from Mr. MK Choudhury, the learned Standing Counsel for the respondent authorities. Today Mr. MK Choudhury, the learned Standing Counsel submitted that as per his instructions, decision has been taken, but the same is yet to be communicated to the petitioners. 6. This Court had duly heard the learned counsels appearing on behalf of the parties and has also perused the materials on record. Without commenting on the legality or the validity of the show cause proceedings, this Court finds it very pertinent to observe that when there is a Memorandum of Agreement dated 23.11.2023, whereby certain terms and conditions have been incorporated, the respondent authorities, being the State without justifiable reasons cannot stop the supply of the cylinders as well as regulators on the basis of which the petitioners are carrying on their business. 7. Under such circumstances, this Court, therefore, disposes of the writ petition directing the respondent authorities to communicate the decision so taken in respect to the show cause proceedings within a period of 15(fifteen) days from the date of the present order and in the eventuality such decision is not communicated, the respondent authorities shall abide by the terms and conditions of the Memorandum of Agreement dated 23.11.2023. 8. With the above, the writ petition stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant