The State Of Assam And 2 Ors. Rep. By ... vs Jagadamba Textile Rep. By Its ...
2023 Latest Caselaw 2934 Gua

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GAHC010164822023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/284/2023

1: THE STATE OF ASSAM AND 2 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, HANDLOOM TEXTILES AND SERICULTURE DEPTT., DISPUR, GUWAHATI- 6.

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI

VERSUS

1: JAGADAMBA TEXTILE REP. BY ITS PROPRIETOR, SRI RAVI BUCHA, S/O ANUP CHAND, BUCHA, AGED ABOUT 38 YEARS, OFFICE SITUATED AT BEE GEE MARKET, SRCB ROAD, FANCY BAZAAR, GUWAHATI- 781001.

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI

Linked Case : WA/300/2023

1: THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILES AND SERICULTURE DEPARTMENT DISPUR GUWAHATI- 6.

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES Page No.# 2/10

KAMRUP GUWAHATI.

4: ENFORCEMENT SQUAD NAGAON DISTRICT OFFICE OF THE ASSISTANT DIRECTOR HANDLOOM AND TEXTILES NAGAON M./G. ROAD NEAR POWERHOUSE TINIALI NAGAON ASSAM- 782001.

VERSUS

1: MEM SAAB AND 2 ORS. REP. BY ITS PROPRITOR SRI MAN YADAV ABOUT 48 YEARS OFFICE SITUATED AT SURABHI MARKET A.T. ROAD JAKHALABANDHA NH37 ASSAM- 782136.

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/289/2023

1: STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT DISPUR-781006 ASSAM

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

4: i/c ASSISTANT DIRECTOR DEPARTMENT OF HANDLOOM AND TEXTILES LAKHIMPUR 787032 ASSAM

VERSUS

1: M S R CHOUDHARY REPRESENTED BY ITS PROPRIETOR SRI RAVI CHOUDHURY SON OF LATE PAWAN KUMAR CHOUDHURY OFFICE SITUATED AT 3880 G.H.S. S ROAD NORTH LAKHIMPUR LAKHIMPUR ASSAM 787001

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

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Linked Case : WA/292/2023

1: STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT DISPUR-781006 ASSAM

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

VERSUS

1: S VINAYAK TEXTILE A PRORIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR SRI PRAHLAD MUNDHRA AGED ABOUT 44 YEARS OFFICE SITUATED AT SHOP NO. 8 9 10 1ST FLOOR TALAB MARKET SRCB ROAD FANCY BAZAR GUWAHATI

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/297/2023

1: THE STATE OF ASSAM AND 2 ORS.REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILES AND SERICULTURE DEPARTMENT DISPUR GUWAHATI- 6.

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

VERSUS

1: DIGH BANI AND 2 ORS. PROPRIETOR- SANJAY GAROSIA (HUF) REP. BY ITS KARTA OR MANAGER SRI SANJAY KUMAR GARODIA AGED ABOUT 51 YEARS OFFICE SITUATED AT 1ST FLOOR KESHAV KATRA SS ROAD FANCY BAZAR GUWAHATI KAMRUP (M) GUWAHATI- 781001.

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW Page No.# 4/10

DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/291/2023

1: STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT DISPUR-781006 ASSAM

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

4: ASSISTANT DIRECTOR DEPARTMENT OF HANDLOOM AND TEXTILES DARRANG MANGALDAI 784125

VERSUS

1: LOKNATH FABRICS REPRESENTED BY ITS PROPRIETOR SRI GOPAL CH. SAHA S/O LATE CHITTARANJAN SAHA OFFICE SITUATEE AT WARD NO.3 BAZAR ROAD MANGALDOI DARRANG

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/288/2023

1: THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT DISPUR-781006 ASSAM

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

VERSUS

1: GOENKA SYNTHETICS A PROPRIETORSHIP CONCERN REPRESENTED BY Page No.# 5/10

ITS PROPRIETOR SRI NARESH KUMAR GOENKA AGED ABOUT 53 YEARS OFFICE SITUATED AT SHOP NO. 7A MANI BAZAR SRCB ROAD FANCY BAZAR GUWAHATI KAMRUP (M) GUWAHATI-781001 ASSAM

2: THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/301/2023

1: THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILES AND SERICULTURE DEPARTMENT DISPUR GUWAHATI- 6.

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

VERSUS

1: SAMRATH TEXTILE AND 2 ORS. REP. BY ONE OF ITS PARTNER SRI TARUN PINCHA AGED ABOUT 36 YEARS OFFICE SITUATED AT 2ND FLOOR ELAHI COMPLEX SRCB ROAD GUWAHATI KAMRUP (M) GUWAHATI- 781001 ASSAM.

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/299/2023

1: THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILES AND SERICULTURE DEPARTMENT DISPUR GUWAHATI- 6.

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

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4: SUPERINTENDENT DEPTT. OF HANDLOOM AND TEXTILES TINSUKIA- 786125 ASSAM.

VERSUS

1: SINGHAL TEXTILES AND 2 ORS. REP. BY ITS PROPREITOR SRI BIJENDRA KUMAR AGARWAL AGED ABOUT 48 YEARS OFFICE SITUATED AT GROUND FLOOR KAHITAN MARKET A.T. ROAD TINSUKIA ASSAM- 786125.

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/294/2023

1: THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILES AND SERICULTURE DEPARTMENT DISPUR GUWAHATI- 6.

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

VERSUS

1: SETHI SAREES (A UNIT OF SANKALP SAAKAR ENTERPRISES PVT. LTD.) REP. BY ITS DIRECTOR SRI ANANYA SETHI AGED ABOUT 32 YEARS OFFICE SITUATED AT 1ST FLOOR TRADE HOUSE SRCB ROAD GUWAHATI- 781001 ASSAM.

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/298/2023

1: THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILES AND SERICULTURE DEPARTMENT DISPUR GUWAHATI- 6.

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI-

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781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

VERSUS

1: NISHANT ENTERPRISE AND 2 ORS. REP. BY ONE OF ITS PARTNERS SRI SUBHAM BOTHRA S/O SRI PRADIP BOTHRA AGED ABOUT 29 YEARS OFFICE SITUATED AT 1ST FLOOR SRCB ELAHI COMPLEX FANCY BAZAAR GUWAHATI- 781001.

2: THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/295/2023

1: THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILES AND SERICULTURE DEPARTMENT DISPUR GUWAHATI- 6.

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

VERSUS 1: BUWARI SILK HOUSE AND ORS. REP. BY ITS PROPRIETOR SRI SUSHIL BHUAN AGED ABOUT YEARS OFFICE SITUATED AT 18107 GHSS ROAD NORTH LAKHIMPUR- 787001.

2: THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/293/2023

1: STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT DISPUR-781006 ASSAM Page No.# 8/10

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

VERSUS

1: HEERA COLLECTION REPRESENTED BY ITS AUTHORISED PARTNER SRI RAHUL KUMAR PINCHA AGED ABOUT 35 YEARS OFFICE SITUATED AT KHUSHBOO GOUND FLOOR GM TOWER MS ROAD FANCY BAZAR GUWAHATI-01

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

Linked Case : WA/290/2023

1: STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT DISPUR-781006 ASSAM

2: THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REP. BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

3: THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES KAMRUP GUWAHATI.

VERSUS

1: KESHAV TEXTILE, A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR SRI SURESH KUMAR SHARMA AGED ABOUT 49 YEARS OFFICE SITUATED AT GROUND FLOOR B 16 BEE GEE MARKET SRCB ROAD FANCY BAZAR GUWAHATI

2:THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R.NO. 130 A-WING RAFI MARG NEW DELHI- 110011.

3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI.

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For the Appellants : Mr. D. Saikia, Advocate General, Assam, assisted by Mr. D. Nath, Senior Government Advocate, Assam.

For the Respondents : Mr. D.K. Das and Mr. H. Betala, Advocates for respondent No.1.

: Ms. A. Gayan, Central Government Advocate for respondent No.2.

-B E F O R E -

HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

07.08.2023

Issue notice to the respondents.

Mr. D.K. Das, learned counsel puts in appearance on behalf of the respondent No.1 and Ms. A. Gayan, learned Central Government Counsel puts in appearance on behalf of the respondent No.2.

Mr. D.K. Das and Ms. A. Gayan, learned counsel appearing for the respondents pray for and are granted 10(ten) days' time to file their respective affidavits.

Heard on the prayer for interim relief. Mr. D. Saikia, learned Advocate General, Assam submits that the purpose of imposing the restriction on trade of Mekhela Chadars produced on power looms is to give encouragement to Handloom Industry and the local artisans in the State of Assam. The respondents have indulged in extensive purchase of power loom made Mekhela Chadars, which is creating havoc on the handloom trade in the State and as such, effect and operation of the impugned judgment rendered by the learned Single Judge should be stayed.

Learned counsel for the respondents have submitted that apparently, going by the definition as provided in the Statute, the Mekhela Chadars produced by using manmade fibers in any ratio, would not be covered by the Handlooms (Reservation of Articles for Production) Act, 1985.

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The issue raised in the batch of appeals is very important to the Handloom Industry in the State of Assam and requires adjudication by an extensive consideration of the material available on record and interpretation of the relevant Statutes and definitions.

Thus, in order to maintain equities, it is hereby directed that as an interim measure and till disposal of these appeals, the import of power loom manufactured Mekhela Chadars from outside the State of Assam shall remain stayed. However, the traders will be at liberty to carry on their trade in the stocks held by them.

List again on 23.08.2023 along with Writ Appeal No.252/2023.

                  JUDGE                             CHIEF JUSTICE




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