M/S Ishwar Food Products Pvt. Ltd v. The State of Assam and 3 Ors

ORDER

11.01.2024 Heard Ms. N. Saikia, learned counsel for the petitioner. Also heard Shri A. Kalita, learned Standing Counsel, Industries and Commerce Department.

¶2The petitioner has put to challenge the legality and correctness of an order dated 05.09.2013 passed by the Department. The said order has been passed pursuant to a direction dated 23.04.2013 passed by this Court in WP(C) No. 5199/2012.

¶3By the impugned order, the claim for subsidy of the petitioner company has been rejected on the ground that the unit comes under the negative list of the policy and therefore not entitled to any subsidy. To be precise, it has been held that the petitioner's unit is a "Roller Flour Mill" and "not a Flour Mill".

¶4Shri Kalita, the learned Standing Counsel has referred to a number of documents which are part of the proceedings to contend that the unit is in fact a Rolling Flour Mill and therefore the speaking order does not suffer from any infirmity.

¶5When this matter was taken up on the last occasion i.e. 04.01.2024, on the prayer of Ms. Saikia, learned counsel for the petitioner, time was granted to enable her to obtain instructions on this aspect.

¶6Ms. Saikia, learned counsel for the petitioner has however submitted that complete instructions have not been furnished to her. She accordingly submits that she may be allowed to withdraw this writ petition however with liberty to file a fresh, if there are any materials to substantiate the plea that the Flour Mill in question is not a Roller Flour Mill but an ordinary Flour Mill. Page No.# 3/3

¶7Shri Kalita, learned Standing Counsel does not raise any objection in principle on the aforesaid prayer.

¶8The writ petition accordingly stands dismissed on withdrawal however with liberty as prayed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010032522013 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7428/2013o M/SoISHWARoFOODoPRODUCTSoPVT.oLTD.o AoCOMPANYoINCORPORATEDoUNDERoTHEoCOMPANIESoACT,o1956,oREP.oBYo ITSoDIRECTORoSRIoSANWARMALoAGARWAL,oHAVINGoITSoREGISTEREDo OFFICEoAToTINGRAIoHOOGRIJANoROAD,oPATIAoPATHARoGAON,oTINSUKIA. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoPRINCIPALoSECY.,oINDUSTRIESoandoCOMMERCEoDEPTT.,o DISPUR,oGHY-o6,oASSAM. 2:THEoCOMMISSIONER oINDUSTRIESoandoCOMMERCEoDEPTT. oDISPUR oGHY-o6. 3:THEoPRINCIPALoSECRETARY oFOODoCIVILoSUPPLIESoandoCONSUMERoAFFAIRS oDISPUR oGUWAHATI. 4:THEoGENERALoMANAGER oDIST.oINDUSTRIESoandoCOMMERCEoDEPTT. oTINSUKIA oDIST.-oTINSUKIAo AdvocateoforotheoPetitionerooooo:oMRS.NoSAIKIAo AdvocateoforotheoRespondento:oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI