Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010140442025
2026:GAU-AS:10444
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3796/2025 SANJIB TAMULI S/O SRI JUGESWAR TAMULI, VILL- TENGANAPORA AHOM GAON, P.O.- JAMUGURI PANCHALI, P.S.- DHEMAJI, DIST- DHEMAJI, ASSAM, PIN-787057 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DISPUR, GUWAHATI-781006 2:THE STATE INFORMATION COMMISSION REPRESENTED BY THE STATE CHIEF INFORMATION COMMISSIONER ASSAM JURIPAR PANJABARI GUWAHATI-781037 3:THE FIRST APPELLATE AUTHORITY OFFICE OF THE DISTRICT COMMISSIONER FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS GOLAGHAT ASSAM PIN-785621 4:THE STATE PUBLIC INFORMATION OFFICER (SPIO) OFFICE OF THE DISTRICT COMMISSIONER GOLAGHAT DIST- GOLAGHAT ASSAM PIN-785621
Page No.# 2/5 5:THE DEPUTY DIRECTOR FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS GOLAGHAT DIST- GOLAGHAT PIN-785621 6:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-781022 7:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIEITES GOLAGHAT DISTRICT ASSAM GOLAGHAT PIN-78562
Advocate for the petitioner(s): Mr. N Sarma
Advocate for the respondent(s): Mr. D Nath Senior Govt. Advocate, Assam
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 29.07.2026
Heard Mr. N Sarma, the learned counsel appearing on behalf of the petitioner. Also heard Mr. D Nath, the learned Senior Govt. Advocate, Assam who appears on behalf of the respondent Nos.1, 3, 4 and 5 and Mr. RB Goswami, the learned counsel, who appears on behalf of the respondent Nos.6 and 7. 2. The present writ petition has been filed by the petitioner with a prayer that
Page No.# 3/5 the petitioner be provided the information as sought for in the petitioner’s application dated 08.06.2023 and as per the order dated 09.01.2025 passed by the State Chief Information Commissioner, Assam. The information which were sought for by the petitioner on 08.06.2023 are as under:
“1. Information required from the flour mills supplying government flour to the cooperative societies in Golaghat district such as (a) Sale Register copy (b) Challan copy (c) Cash Memo copy (d) Allotment copy (e) RO copy (f) Gate pass copy during the month of April, 2011, June, 2013, March, 2016, July 2019, May, 2020-21, August, 2022-23. 2. Information required from the Golaghat District Cooperative societies regarding supply of Government flour such as (a) Allotment copy (b) Cash Memo copy (c) Sale Register copy, certified copy from higher authority during the period of April, 2011, June, 2013, March, 2016, July, 2019, May, 2020-21, August, 2022-23
3.
Information required from the Secretary of Golaghat District Cooperative Agent Association such as certified copy of lifting book issued by the higher authority for the period of April, 2011, June, 2013, March, 2016, July, 2019, May, 2020-21, August, 2022-23.”
3. On 09.01.2025, the appeal petition of the petitioner was disposed of directing the State Public Information Officer as well as the Deputy Director, FPD & CA Golaghat to furnish an appropriate reply to the petitioner in consonance with the provisions of the Right to Information Act, 2005 within a period of 20(twenty) days from the date of the receipt of the said order. 4. It is the case of the petitioner that pursuant thereto on 11.04.2025, the Deputy Director, i/c FPD & CA Golaghat issued a communication to the
Page No.# 4/5 Secretary, Assam Information Commissioner that letters were reissued to all concerned millers reiterating the requirement to submit the requisite queries and supporting documents. It was further mentioned that in the said letter, millers have not provided the documents, but had submitted a letter stating that as per the IT Rules, they were not required to retain the records for more than 6(six) years from the end of the relevant assessment year. Further to that, Samabai Samities of the Golaghat district have informed that the Cooperative Societies do not fall under the purview of the RTI Act, and in that regard referred to the judgment of this Court dated 01.04.2019. 5. Mr. D Nath, the learned Senior Govt. Advocate, Assam submitted that this action taken report which was submitted on 11.04.2025 was duly accepted by the Assam State Information Commission and the petitioner was communicated vide the communication dated 19.07.2025. The learned Senior Govt. Advocate further submitted that in view of the compliance being accepted, nothing remains to be adjudicated upon in the instant writ petition. 6. The learned counsel appearing on behalf of the petitioner, however, submitted that the petitioner has not been provided with the information as sought for vide the application dated 08.06.2023.
This Court in the previous segments of the present order has referred to the informations which have been sought for. The information so sought for were from certain private flour mills as well as the Cooperative Societies. There was no information sought for from the various Government Department who have issued the orders. 7. Under such circumstances, in view of the acceptance of the action taken report dated 11.04.2025 by the Assam Information Commissioner, nothing further remains in the instant proceedings to be proceeded with on the question of non-compliance to the order dated 19.01.2025 by the State Public
Page No.# 5/5 Information Commission. Accordingly, the instant writ petition stands closed. 8. Liberty, however, is given to the petitioner, if so advised, to approach the authorities under the Right to Information Act, 2005 seeking specific information from the Government Departments, which the Government was privy to, if so permissible under the law. 9. The instruction which has been placed before this Court by Mr. D Nath, the learned Senior Govt. Advocate is kept on record and marked with the letter ‘X’. JUDGE Comparing Assistant