MS NABAJYOTI GAS AGENCY v. THE INDINA OIL CORPORATION LTD AND 5 ORS
WP(C)/2160/2026 · 2026-06-16
Sanjay Kumar Medhi
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 8372 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 8372 (GAU) · dailylaw.ai ]
Judgment text
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1494/2026 In WP(C)/2160/2026 MS NABAJYOTI GAS AGENCY AN INDANE DISTRIBUTORSHIP AND PROPRIETORSHIP FIRM LOCATED AT HATIGARH CHARIALI, MOTHER TERESA ROAD, BUWAHATI 781024 REPRESENTED BY ITS PROPRIETOR SMT. MRS ARCHANA HAZARIKA, W/O LATE NABAJYOTI HAZARIKA, AGED ABOUT 53 YEARS, R/O HOUSE NO 5, RUPALI PATH, RGB ROAD, AIDC, NABING NAGAR, GUWAHATI 781024, ASSAM. VERSUS THE INDIAN OIL CORPORATION LIMITED AND ORS REPRESENTED BY ITS MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT INDIAN OIL BHAVAN G 9 ALI YAVAR MARG BANDRA EAST MUMBAI 400051 2:THE INDIAN OIL ASSAM OIL DIVISION INDIAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT PO COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI 781031 ASSAM 3:THE CHIEF MANAGER PLANT INDIAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT PO COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI 781031 ASSAM 4:THE DEPUTY GENERAL MANAGER LPG SALES INDIAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT PO COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI 781031 ASSAM 5:THE DEPUTY GENERAL MANAGER PLANT
Page No.# 2/5 INDIAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT PO COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI 781031 ASSAM 6:THE CHIEF GENERAL MANAGER INDIAN OIL ASSAM OIL DIVISION NORTH EAST INTEGRATED STATE OFFICE INDIAN OIL BHAWAN SECTION III GUWAHATI REFINERY TOWNSHIP NOONMATI GUWAHATI 781020 ASSA Advocate for the Petitioner : MR. K N CHOUDHURY, MR. R M DEKA,N GAUTAM,MR. D J DAS,MR. TANUZ KASHYAP Advocate for the Respondent : SC, I O C, Linked Case : WP(C)/2160/2026 MS NABAJYOTI GAS AGENCY AN INDANE DISTRIBUTORSHIP AND PROPRIETORSHIP FIRM LOCATED AT HATIGARH CHARIALI MOTHER TERESA ROAD BUWAHATI 781024 REPRESENTED BY ITS PROPRIETOR SMT. MRS ARCHANA HAZARIKA W/O LATE NABAJYOTI HAZARIKA AGED ABOUT 53 YEARS R/O HOUSE NO 5 RUPALI PATH RGB ROAD AIDC NABING NAGAR GUWAHATI 781024 ASSAM. VERSUS THE INDINA OIL CORPORATION LTD AND 5 ORS REPRESENTED BY ITS MANAGIHNG DIRECTOR HAVING ITS REGISTERED OFFICE AT INDIAN OIL BHAVAN G-9 ALI YAVAR MARG BANDRA EAST MUMBAI 400051 2:THE INDIAN OIL ASSAM OIL DIVISION INDIAN OIL CORPORATION LTD. NORTH GUWAHATI
Page No.# 3/5 LPG BOTTLING PLANT P.O. COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI PIN 781031 ASSAM. 3:THE CHIEF MANAGER (PLANT) INDIAN OIL CORPORATION LTD. NORTH GUWAHATI LPG BOTTLING PLANT P.O. COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI PIN 781031 ASSAM. 4:THE DEPUTY GENERAL MANAGER LPG SALES INDIAN OIL CORPORATION LTD.
NORTH GUWAHATI LPG BOTTLING PLANT P.O. COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI 781031 ASSAM. 5:THE DEPUTY GENERAL MANAGER (PLANT) INDIAN OIL CORPORATION LTD. NORTH GUWAHATI LPG BOTTLING PLANT P.O. COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI PIN 781031 ASSAM. 6:THE CHIEF GENERAL MANAGER INDIAN OIL ASSAM OIL DIVISION NORTH EAST INTEGRATED STATE OFFICE INDIAN OIL BHAWAN SECTION III GUWAHATI REFINERY TOWNSHIP NOONMATI GUWAHATI 781020 ASSAM. ------------ Advocate for : MR. K N CHOUDHURY Advocate for : SC I O C appearing for THE INDINA OIL CORPORATION LTD AND 5 ORS
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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 17.06.2026 Heard Shri D. J. Das, learned counsel for the petitioner. Also heard Shri M. Sarma, learned counsel appearing for the IOC. The instant petition under Article 226 of the Constitution of India has been filed challenging a show cause notice dated 19.02.2025 issued by the Deputy General Manager (Plant), North Guwahati Bottling Plant, IOC and also for a direction for return of an amount of Rs.2,31,338/- (Rupees Two Lakh Thirty One Thousand Three Hundred Thirty Eight) only. The petitioner is a distributor of LPG Cylinders under IOCL. The IA has been filed bringing to notice further deduction of Rs.2,20,322/- (Rupees Two Lakh Twenty Thousand Three Hundred Twenty Two) only. It is submitted in the Bar that similar issues had come up before this Court and have been resolved. One such order dated 07.04.2026 passed in WP(C)/2034/2026 has also been placed before this Court. Shri Sarma, the learned Standing Counsel has also informed that in the meantime, the ERV slips have been couriered to the petitioner and they are required to appear before the plant authorities. In view of the above and following the orders passed in similar matters, the present writ petition is disposed of with the following directions: (i) The representative of the petitioner shall appear before the respondent no. 3 at 11:00 a.m. on 26.06.2026. (ii) As regards the ERV slips which have been stated to be couriered
Page No.# 5/5 to the petitioner, there is a dispute with regard to the numbers.
The said issue can be taken up in hearing. (iii) The petitioner is given liberty to submit the reply on or before
10.07.2026. (iv) The respondent Corporation shall pass appropriate order(s) duly taking into consideration the reply to the notice, if so submitted by the petitioner thereupon. (v) The amount which has already been deducted would be subject to the outcome of the proceeding. (vi) Till such decision is taken, the respondent authorities shall not proceed with debit/deduction from the entitlement of the petitioner. Both the writ petition and the IA stand disposed of. JUDGE Comparing Assistant