The Guwahati Wholesale Consumers Co Operative Society Ltd v. The State of Assam and 5 Ors

ORDER Date : 11-03-2024

¶1Heard Mr. A Sarma learned counsel for the petitioner and Mr. D Nath learned senior Government Advocate.

¶2The petitioner is the Co-operative Society of the district of Kamrup under the Assam Co-operative Societies Act, 1949 and regulated by the aforesaid statute and the rules framed there Page No.# 3/4 under. The petitioners' society is in the field of lifting and distribution of PDS articles under the Essential Commodities Act, 1955 and also the Assam Public Distribution of Articles Order, 1982.

¶3The claim of the petitioners' is that they are not being paid their due against their commission due to them. According to the petitioners such amount is to be paid by the state from central assistance in terms of the National Food Securities Act, 2013.

¶4The petitioners' claimed that similarly situated Co-operative societies in a similar situation of non-payment of commission for distributing food grains/rations, had approached this court by filing different writ petition, and this court by its common order passed in I.A(Civil) 139/2022 arising out of different writ petition, issued certain directions for payment of such outstanding dues. The petitioner submits that being similarly situated the petitioner is also entitled for similar relief.

¶5Though Mr. D Nath learned senior government advocate on instructions has not disputed as regards execution of the work by the petitioner, however, he submits that exact amount due against the writ petitioner can be verified by the competent authorities only. He further submits that though the case of the petitioner is squarely covered by the earlier order that has been relied by the petitioner, however, at that point of time funds were available as reflected in paragraph 18 and 19 of the aforesaid order, but in the present case it may require some time Page No.# 4/4 to arrange for money.

¶6Considered the submissions advanced and also perused the order dated 13.01.2022 passed in I.A(Civil) No.139/2022. There is no dispute as regards the due claimed by the petitioner. The petitioner is also similarly situated to that of the petitioners in I.A(Civil) 139/2022. There is no dispute as regards entitlement of money to the petitioner and further in the considered opinion of this court the petitioners cannot be deprived of their rights for want of fund.

¶7Accordingly, it is provided that the petitioner shall file a representation with their individual claims before the Commissioner of Food and Civil Supplies of Consumer Affairs and Legal Metrology (1) within a period of three weeks from today. Along with a copy of the order passed today. The Commissioner shall verify the individual claim and if it is found that the petitioner is entitled for such payment, the Commissioner shall do the needful for arranging the finance, if necessary, by involving the Finance Department and thereafter, do the needful for release of the admitted amount to the petitioner.

¶8The entire exercise shall be carried out within a period of 4 (four) months from the date of receipt of a certified copy of this order and the claim submitted by the petitioner.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010035282022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1409/2022o THEoGUWAHATIoWHOLESALEoCONSUMERSoCOoOPERATIVEoSOCIETYoLTDo HAVINGoITSoREGD.oOFFICEoAToSAMABAIoBHAWAN,oA.T.oROAD,oPALTANo BAZAR,oGUWAHATI,oPIN-781001,oDIST.oKAMRUPo(M),oASSAM,oREP.oBYoITSo CHIEFoEXECUTIVEoSRIoGOPALoMAHANTA,oR/O.oHOUSEoNO.6,oKUNDILo PATH,oSANKARPURoBIRUBARI,oP.O.oGOPINATHoNAGAR,oGUWAHATI-16. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoPRINCIPALoSECRETARY,oFOOD,oCIVILoSUPPLIESoANDoCONSUMERo AFFAIRSoDEPTT.,oGOVT.oOFoASSAM,oDISPUR,oGUWAHATI-781006. 2:THEoCOMMISSIONERoANDoSECY. oFOOD oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPTT. oGOVT.oOFoASSAM oASSAMoSACHIVALAYA oDISPUR oGUWAHATI-781006. 3:THEoSECRETARY oFOOD oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPTT. oGOVT.oOFoASSAM oASSAMoSACHIVALAYA oDISPUR oGUWAHATI-781006. 4:THEoDIRECTOR Page No.# 2/4 FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM SETHI TRUST BUILDING G.S. ROAD BHANGAGARH GUWAHATI-781005. 5:THE DEPUTY COMMISSIONER KAMRUP (M) DISTRICT PANBAZAR GUWAHATI PIN-781001. 6:THE DEPUTY DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS CUM DRAWING AND DISBURSING OFFICER KAMRUP (M) DISTRICT C/O. OFFICE OF THE DEPUTY COMMISSIONER KAMRUP (M) DIST. PANBAZAR GUWAHATI-781001 Advocate for the Petitioner : MR. A SARMA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY