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2026 DAILYLAW 2470 (GAU)

LAIPULI GAON PANCHAYAT SAMABAI SAMITY LIMITED AND 15 ORS. v. THE UNION OF INDIA AND 3 ORS.

WP(C)/1924/2025 · 2026-04-01

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/7 GAHC010071942025 2026:GAU-AS:4935 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1924/2025 LAIPULI GAON PANCHAYAT SAMABAI SAMITY LIMITED AND 15 ORS. REGISTERED OFFICE - LAIPULI, BORDUBI ROAD, P.O.- PANITOLA, DIST- TINSUKIA, ASSAM, PIN-786183 REPRESENTED BY ITS CHAIRMAN, SRI SAILEN KUMAR BORAH (AGE - 56 YEARS) 2: MARGHERITA GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - MARGHERITA JAYA NAGAR VIA MARGHERITA P.O MAKUM PATHAR DISTRICT TINSUKIA ASSAM PIN-786187 REPRESENTED BY ITS SECRETARY SMTI. SHILPI BORUAH (AGE - 42 YEARS) 3: BORBIL GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - 1 NO. BORBIL NEAR L.P SCHOOL P.O DIGBOI DISTRICT TINSUKIA ASSAM PIN-786171 REPRESENTED BY ITS SECRETARY SMTI. MONALISHA KONWAR (AGE- 41 YEARS) 4: TIPUK GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - RUPAI SIDING DOOMDOOMA P.O RUPAI SIDING DISTRICT TINSUKIA ASSAM PIN- 786153 REPRESENTED BY ITS CHAIRMAN SRI DHARMENDRA SONOWAL (AGE - 50 YEARS) Page No.# 2/7 5: LEDO GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - LEDO BAZAR P.O LEDO DISTRICT TINSUKIA ASSAM PIN- 786153 REPRESENTED BY ITS SECRETARY SRI PREM BAHADUR CHETRY (AGE - 32 YEARS) 6: KETETONG GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - KETETONG P.O KETETONG DISTRICT TINSUKIA ASSAM PIN-786181 REPRESENTED BY ITS SECRETARY SRI DUMAI DUNIA (AGE - 52 YEARS) 7: GUIJAN GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - GUIJAN 5 NO. P.O RONGAGORA DISTRICT TINSUKIA ASSAM PIN-786147 REPRESENTED BY ITS SECRETARY SRI MUNNA PAUL (AGE - 38 YEARS) 8: TINGRAI GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - TINGRAI BAZAR NEAR TINGRAI HIGH SCHOOL 1 NO. AKHOMIA GAON P.O TINGRAI BAZAR DISTRICT TINSUKIA ASSAM PIN-786171 REPRESENTED BY ITS SECRETARY SRI SWAPON NAG 9: BAZALTOLI GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - BAZALTOLI P.O BORGURI DISTRICT TINSUKIA ASSAM PIN-786125 REPRESENTED BY ITS SECRETARY SRI UTPAL NEOG Page No.# 3/7 10: KAKOPATHAR GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - KAKOPATHAR NEAR FOREST OFFICE P.O KAKOPATHAR DISTRICT TINSUKIA ASSAM PIN-786152 REPRESENTED BY ITS SECRETARY SRI SHAMBHU CHOUDHARY (AGE - 56 YEARS) 11: GABHORUBHETI GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - GABHORUBHETI VILLAGE BISHNUPUR P.O PHILOBARI DISTRICT TINSUKIA ASSAM PIN-786160 REPRESENTED BY ITS SECRETARY SRI BODRI CHETRY (AGE - 42 YEARS) 12: TALAP GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - BALI BAZAR TALAP P.O TALAP DISTRICT TINSUKIA ASSAM PIN-786156 REPRESENTED BY ITS CHAIRMAN MD. NASHIM ANSARI (AGE - 62 YEARS) 13: BAPUJI GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - HOGRIJAN P.O BORDUBI DISTRICT TINSUKIA ASSAM PIN- 786601 REPRESENTED BY ITS SECRETARY SRI JYOTI BORDOLOI (AGE - 65 YEARS) 14: DANGORI GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - DANGORI P.O DANGORI DISTRICT TINSUKIA ASSAM PIN- 786156 REPRESENTED BY ITS SECRETARY SRI PRONOB SONOWAL (AGE - 33 YEARS) Page No.# 4/7 15: BURIDIHING GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - BIJULIBON VILLAGE MOILAPUR P.O CHIKARAJAN DISTRICT TINSUKIA ASSAM PIN- 786150 REPRESENTED BY ITS CHAIRMAN SRI PUSHPA MARAN (AGE - 48 YEARS) 16: TONGONA GAON PANCHAYAT SAMABAI SAMITY LIMITED REGISTERED OFFICE - TONGONA BAZAR P.O TONGONA BAZAR DISTRICT TINSUKIA ASSAM PIN-786152 REPRESENTED BY ITS SECRETARY SRI SUBORNA DOHOTIA (AGE - 44 YEARS VERSUS THE UNION OF INDIA AND 3 ORS. REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF FOOD AND CONSUMERS AFFAIRS, SHASTRI BHAWAN, NEW DELHI, PIN-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER TO THE GOVT OF ASSAM FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT DISPUR GUWAHATI PIN-781006 3:THE SECRETARY FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT DISPUR GUWAHATI PIN-781006 4:THE DISTRICT COMMISSIONER TINSUKIA FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS BRANCH DISTRICT- TINSUKIA ASSAM PIN-78612 Page No.# 5/7 For the Petitioner(s) : Mr. T. Deuri, Advocate For the Respondent(s) : Mr. D. Mazumder, AAG Mr. D. Nath, Sr. Govt. Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 02.04.2026 Heard Mr. T. Deuri, the learned counsel appearing on behalf of the Petitioners and Mr. D. Mazumder, the learned Additional Advocate General as well as Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the Respondent State. 2. The present writ petition had been filed by the Petitioners challenging the Notice Inviting Tender dated 26.03.2025 on the ground that there are certain onerous conditions which no Co- operative Society registered under the Assam Co-operative Societies, Act 2007 can fulfill. In addition to that, the challenge made to the Notice Inviting Tender dated 26.03.2025 as well as the subsequent orders so passed was on the ground that the Private Respondent who was appointed could not have been appointed in view of Clause 2(g) of the Targeted Public Distribution (Control) Order, 2015 (for short, ‘the Order of 2015’). Page No.# 6/7 3. This Court vide an order dated 07.08.2025 passed in I.A.(C) No.1557/2025 set aside the appointment of the Private Respondent as the Authorized Agency on the ground that in terms with Clause 2(g) of the Order of 2015, a private contractor would not come within the ambit of an “Authorized Agency”. The learned Coordinate Bench of this Court vide the order dated 07.08.2025 further directed the State to take effective steps within two months thereafter for appointment in terms with the Order of 2015. 4. This Court further takes note of that a Notice Inviting Tender was issued on 04.09.2025 whereby various conditions were relaxed. However, the Petitioners did not participate in pursuance to the said Notice Inviting Tender. The records further reveal that in pursuance to the said Notice Inviting Tender, a Co- operative Society in the name and style of “Amar Dukan Consumer Welfare Co-operative Society, Tinsukia” was appointed vide an order dated 21.10.2025 for the entire period for 2025-26 meaning thereby till 31.03.2026. The Petitioners have however not challenged the said order dated 21.10.2025 which was enclosed as Annexure-3 to the affidavit-in-opposition filed by the Respondent No.4 on 04.11.2025. In the meantime, the period of appointment of the said “Amar Dukan Consumer Welfare Co- operative Society, Tinsukia” had also come to an end in terms Page No.# 7/7 with the appointment order dated 21.10.2025. Further to that, the period for which the Notice Inviting Tender dated 26.03.2025 was issued, i.e. 01.04.2025 to 31.03.2026 is also over. 5. Accordingly, it is the opinion of this Court that in the present facts of the case, nothing remains to be decided. Accordingly, the writ petition stands disposed off as infructuous. 6. Interim order(s), if any, stand vacated. JUDGE Comparing Assistant