Md. Abdul Latif v. Food Corporation of India (Fci) and 4 Ors

ORDER Date : 11/11/2024

Heard Ms. M. Kumari, learned counsel appearing for the applicant. Also heard Mr. B.K. Singh, learned Standing Counsel, FCI, appearing for the opposite parties. This IA has been filed with a prayer to extend the interim order dated 24/05/2024 passed by this Court in WP(C) 2521/2024, which had lapsed by default on the last occasion since the order was not extended. Ms. Kumari, learned counsel for the applicant submits that the applicant/writ petitioner has raised a question of law in the writ petition, which requires final adjudication. Therefore, if the departmental proceeding is allowed to continue, pending disposal of the writ petition, the same would not only prejudice the interest of the applicant/writ petitioner but would also render the writ petition infructuous. Mr. B.K. Singh, learned Standing Counsel, FCI, on the other hand, has strongly opposed the prayer made in the IA. By referring to the affidavit-in-opposition filed on behalf of the Corporation on 08/11/2024 Mr. Singh submits that the law on the subject has already been clarified by the Hon'ble Supreme Court and, therefore, there is no justification for suspending the departmental proceeding any further. Mr. Singh has further argued that on the last date, the writ petition itself was fixed for Page No.# 4/4 admission hearing with a view to dispose of the same and, therefore, the writ petition calls for expeditious disposal. Having heard the submissions made at the Bar and after going through the statements made in the application as well as the counter affidavit, this Court is of the opinion that the writ petition calls for expeditious hearing. However, since there was already an interim order operating in the matter, the said order cannot be allowed to lapse by default. As such, the interim order dated 24/05/2024 is hereby extended until further orders. The connected writ petition be listed on 10/12/2024, as a fixed item, for admission hearing. It is made clear that no prayer for adjournment on behalf of the writ petitioner shall be entertained on the next date fixed. IA stands disposed of.

JUDGE Sukhamay

Comparing Assistant

PageoNo.#o1/4 GAHC010213332024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3321/2024o MD.oABDULoLATIFo SONoOFoMD.oABDULoHAMID,o RESIDENToOFoANIRUDDHAoPATH,o NEARoBANKoOFoINDIA,o KAMARCHUBURI,oTEZPUR,o DISTRICT-oSONITPURo ANDoPERMANENToRESIDENToOFoKWAKTAoWARDoNO.o08,oMOIRANGoSUB- DIVISION,o BISHNUPUR,oMOIRANG,oMANIPUR-o785133. VERSUSo FOODoCORPORATIONoOFoINDIAo(FCI)oANDo4oORSo ZONALoOFFICEo(NORTHoEAST),oGUWAHATI,oREPRESENTEDoBYoTHEo EXECUTIVEoDIRECTORo(NE). 2:THEoGENERALoMANAGERo(R) oREGIONALoOFFICE oFCI oASSAM. 3:THEoDIVISIONALoMANAGER oFCI oTEZPUR oDIST.-oSONITPUR oASSAM. 4:THEoDIVISIONALoMANAGER oFCI oNORTHoLAKHIMPUR oASSAMo Page No.# 2/4 Advocate for the Petitioner : MS. M KUMARI, MR D NANDI,B U LASKAR Advocate for the Respondent : SC, F C I, Linked Case : WP(C)/2521/2024 MD. ABDUL LATIF SON OF MD. ABDUL HAMID RESIDENT OF ANIRUDDHA PATH NEAR BANK OF INDIA KAMARCHUBURI TEZPUR DISTRICT- SONITPUR AND PERMANENT RESIDENT OF KWAKTA WARD NO. 08 MOIRANG SUB-DIVISION BISHNUPUR MOIRANG MANIPUR- 785133. VERSUS FOOD CORPORATION OF INDIA (FCI) AND 3 ORS ZONAL OFFICE (NORTH EAST) GUWAHATI REPRESENTED BY THE EXECUTIVE DIRECTOR (NE). 2:THE GENERAL MANAGER (R) REGIONAL OFFICE FCI ASSAM. 3:THE DIVISIONAL MANAGER FCI TEZPUR DIST.- SONITPUR ASSAM. Page No.# 3/4 4:THE DIVISIONAL MANAGER FCI NORTH LAKHIMPUR ASSAM. ------------ Advocate for : MS. M KUMARI Advocate for : SC F C I appearing for FOOD CORPORATION OF INDIA (FCI) AND 3 ORS BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM