NAVIN AGARWAL AND ANR v. THE STATE OF ASSAM AND 4 ORS
WP(C)/713/2026 · 2026-05-10
Devashis Baruah
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 6140 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6140 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC010288562025
2026:GAU-AS:6412
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/713/2026 NAVIN AGARWAL AND ANR S/O SHRI NARENDRA PRASAD AGARWAL, BEING THE PARTNER OF RHINO INDUSTRIES A MSME REGISTERED FIRM HAVING REGISTERED OFFICE AT RHINO INDUSTRIES, BUILDING MODERTULI, ROAD CHANGMAJI PATHER, TOWN CHANGMAJI PATHER, BLOCK BINA KANDI, P.O. MODERTULI, DIST. 2: M/S RHINO INDUSTRIES BEINGS REGISTERED MSME FIRM HAVING OFFICE AT RHINO INDUSTRIES BUILDING MODETOLI ROAD CHANG MAJI PATHER VILLAGE ROAD CHANG MAJHI PATHER BLOCK BINAKANDI POST OFFICE AT MODETOLI DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE LD. COMMISSIONER OF INDUSTRIES, GOVT. OF ASSAM, UDYOG BHABAN, BAMUNI MAIDAN, INDUSTRIAL ESTATE, GUWAHATI, ASSAM, PIN 781021 2:THE MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL (MSEFC) ASSAM REPRESENTED BY CHAIRPERSON ADDRESS- COMMISSIONER OF INDUSTRIES GOVERNMENT OF ASSAM UDYOG BHAVAN BAMUNI MAIDAN
Page No.# 2/5 INDUSTRIAL ESTATE GUWAHATI ASSAM
781021. 3:THE COMMISSIONER OF INDUSTRIES GOVERNMENT OF ASSAM ADDRESS- UDYOG BHAVAN BAMUNI MAIDAN INDUSTRIAL ESTATE GUWAHATI ASSAM
781021. 4:SIMPLEX INFRASTRUCTURE LIMITED REPRESENTED BY THE DIRECTOR REGISTERED OFFICE AT SIMPLEX HOUSE SHAKESPEARE SARANI KOLKATA-700017 WEST BENGAL. 5:NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED A CENTRAL GOVERNMENT UNDERTAKING REPRESENTED BY THE MANAGING DIRECTOR OFFICE AT 1ST AND 2ND FLOOR TOWER A WORLD TRADE CENTRE NAUROJI NAGAR NEW DELHI-110029 For the Petitioner(s) : Mr. G. R. Dutta, Advocate
For the Respondent(s) : Mr. G. Bokolial, Government Advocate : Mr. R. K. Talukdar, Standing Counsel
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 11.05.2026
Heard Mr. G. R. Dutta, the learned counsel appearing on
Page No.# 3/5 behalf of the Petitioners and Mr. G. Bokolial, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 2 and 3. I have also heard Mr. R. K. Talukdar, the learned Standing counsel, appearing on behalf of the Respondent No.5. None appears on behalf of the Respondent No.4 although the service is complete. 2. The Petitioner herein has approached this Court seeking a direction upon the Respondent No.2 to dispose and conclude the Samadhaan Case No.AS/22/S/ASM/00246 which has been pending before the Respondent No.2 within a specified time by giving an opportunity of hearing to the Petitioners. 3. The record reveals that pursuant to a notice being issued by this Court on 11.02.2026, instructions were placed by Ms. U. Das, the learned Additional Senior Government Advocate on
25.03.2026. 4.
Be that as it may, today also, Mr. G. Bokolial, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 2 and 3 again placed emphasis on the instructions dated
25.03.2026. The said instructions are kept on record and marked with the letter “X”. 5. From a perusal of the said instructions, it is seen that though the Petitioners had filed an application before the
Page No.# 4/5 Respondent No.2 which was registered as Samadhaan Case No.AS/22/S/ASM/00246 but on account of non-appearance of the Petitioners as well as the Respondents on two consecutive dates in the 17th Meeting held on 21.05.2024, the application so filed by the Petitioners was closed. 6. The learned counsel for the Petitioners submitted that there was no information provided to the Petitioners about the date being fixed on 21.05.2024. He however submitted that in view of the closure of the case which have been filed by the Petitioners on the basis of the Minutes of the 17th Meeting of the Respondent No.2 held on 21.05.2024, the Petitioners would be well advised to take appropriate steps against the Minutes of the Meeting dated 21.05.2024. He therefore submitted that the Petitioners would not like to pursue the instant proceedings without prejudice to their claims made in the instant proceedings. 7. Taking into account the above, the instant writ petition stands closed on withdrawal. 8. It is observed that the withdrawal of the instant writ petition shall not prejudice the Petitioners for seeking appropriate remedies against the closure of the case being Samadhaan Case No.AS/22/S/ASM/00246 on the basis of the Minutes of the 17th
Page No.# 5/5 Meeting of the Respondent No.2 held on 21.05.2024. JUDGE Comparing Assistant