Gauhati High Court

Auntys Creation vs The State Of Assam And 4 Ors on 1 June, 2023

                                                                 Page No.# 1/22

GAHC010073992023




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

                          Case No. : WP(C)/1961/2023

         AUNTYS CREATION
         REP. BY ITS PROPRIETOR, SRI NARENDRA JAIN, S/O- SRI SHANKARLAL
         JAIN, AGED ABOUT- 49 YEARS, OFFICE SITUATED AT-2ND FLOOR,
         VINAYAK PLAZA, KAMARPATTY, FANCY BAZAAR, GUWAHATI- 781001



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY ITS UNDER SECRETARY, MINISTRY OF TEXTILES, GOVT. OF
         INDIA, UDYOG BHAWAN, R.NO.- 130, A- WING, RAFI MARG, NEW DELHI-
         110011

         2:THE SECRETARY TO THE GOVT. OF ASSAM
          HANDLOOM TEXTILE AND SERICULTURE DEPTT.
          JANATA BHAWAN
          DISPUR- 781006
         ASSAM

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

         4:THE ASSTT. DIRECTOR
          DEPTT. OF HANDLOOM AND TEXTILE
          KAMRUP
          GNB ROAD
         AMBARI
                                                  Page No.# 2/22

             GUWAHATI- 781001
             ASSAM

            5:THE DEPUTY COMMISSIONER
             KAMRUP (M)
             OFFICE OF THE DEPUTY COMMISSIONER
             HENGRABARI
             GUWAHATI
            ASSA

Advocate for the Petitioner   : MR D K DAS

Advocate for the Respondent : GA, ASSAM




             Linked Case : WP(C)/2544/2023

            BUWARI SILK HOUSE
            REPRESENTED BY ITS PROPRIETOR
            SRI SUSHIL BHUYAN
            AGED ABOUT 53 YEARS

            OFFICE SITUATED AT- 18107
            G.H.S.S. ROAD
            NORTH LAKHIMPUR

            LAKHIMPUR- 787001.


             VERSUS

            THE UNION OF INDIA AND 5 ORS.
            REPRESENTED BY ITS UNDER SECRETARY

            MINISTRY OF TEXTILES

            GOVERNMENT OF INDIA

            UDYOG BHAWAN
            R.NO.- 130
            A- WING

            RAFI MARG
            NEW DELHI- 110011.
                                                                 Page No.# 3/22


2:THE SECRETARY TO THE GOVT. OF ASSAM
 HANDLOOM TEXTILE AND SERICULTURE DEPARTMENTS
JANATA BHAWAN
 DISPUR- 781006

ASSAM.
3:THE DIRECTORATE OF HANDICRAFT AND TEXTILES
GOVT. OF ASSAM
REPRESENTED BY ITS DIRECTOR

VASTRA BHAWAN
GNB ROAD

AMBARI
GUWAHATI- 781001
ASSAM.
4:THE ASSISTANT DIRECTOR
DEPARTMENT OF HANDICRAFTS AND TEXTILES
KAMRUP

GNB ROAD
AMBARI
GUWAHATI- 781001
ASSAM.
5:THE DEPUTY COMMISSIONER
KAMRUP(METRO)
OFFICE OF THE DEPUTY COMMISSIONER
HENGRABARI
GUWAHATI
ASSAM.
6:ASSISTANT DIRECTOR (I/C)
HANDLOOM AND TEXTILES DEPARTMENT
LAKHIMPUR
NORTH LAKHIMPUR
PIN- 787001
ASSAM.
------------

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS.

Linked Case : WP(C)/2060/2023

SETHI SAREES (A UNIT OF SANKALP SAAKAR ENTERPRISES PVT. LTD.) REPRESENTED BY ITS DIRECTOR Page No.# 4/22

SRI ANANYA SETHI AGED ABOUT 32 YEARS OFFICE SITUATED AT 1ST FLOOR TRADE HOUSE SRCB ROAD KAMRUP (M) GUWAHATI-781001

VERSUS

THE UNION OF INDIA AND 4 ORS REPRESENTED BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVERNMENT OF INDIA UDYOG BHAWAN R. NO. -130 A-WING RAFI MARG NEW DELHI-110011

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT JANATA BHAWAN DISPUR-781006 ASSAM 3:THE DIRECTORATE OF HANDICRAFTS AND TEXTILES GOVT. OF ASSAM REPRESENTED BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI-781001 ASSAM 4:THE ASSISTANT DIRECTOR DEPARTMENT OF HANDLOOM AND TEXTILE KAMRUP GNB ROAD AMBARI GUWAHATI-781001 ASSAM 5:THE DEPUTY COMMISSIONER KAMRUP (M) OFFICE OF THE DEPUTY COMMISSIONER HENGRABARI GUWAHATI ASSAM

------------

Page No.# 5/22

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS

Linked Case : WP(C)/2041/2023

S. VINAYAK TEXTILE A PROPRIETORSHIP CONCERN

REPRESENTED BY ITS PROPRIETOR

SRI PRAHLAD MUNDHRA

AGED ABOUT 44 YEARS

1ST FLOOR TALAB MARKET SRCB ROAD

FANCY BAZAR GUWAHATI- 781001

ASSAM.

VERSUS

THE UNION OF INDIA AND 4 ORS REPRESENTED BY ITS UNDER SECRETARY

MINISTRY OF TEXTILES

GOVERNMENT OF INDIA

UDYOG BHAWAN

A-WING RAFI MARG NEW DELHI- 110011.

2:THE SECRETARY TO THE GOVT. OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENTS Page No.# 6/22

JANATA BHAWAN DISPUR- 781006

ASSAM.

3:THE DIRECTORATE OF HANDLOOM AND TEXTILES GOVT. OF ASSAM REPRESENTED BY TS DIRECTOR

VASTRA BHAWAN GNB ROAD

AMBARI GUWAHATI- 781001

ASSAM.

4:THE ASSISTANT DIRECTOR DEPARTMENT OF HANDLOOM AND TEXTILE KAMRUP GNB ROAD AMBARI

GUWAHATI- 781001 ASSAM.

5:THE DEPUTY COMMISSIONER KAMRUP(METRO) OFFICE OF THE DEPUTY COMMISSIONER

HENGRABARI GUWAHATI

ASSAM.

------------

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS

Linked Case : WP(C)/2547/2023

SINGHAL TEXTILES REPRESENTED BY ITS PROPRIETOR SRI BIJENDRA KUMAR AGARWAL AGED ABOUT 48 YEARS

OFFICE SITUATED AT- GROUND FLOOR KHAITAN MARKET

A.T. ROAD Page No.# 7/22

TINSUKIA- 786125.

VERSUS

THE UNION OF INDIA AND 5 ORS. REPRESENTED BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVERNMENT OF INDIA UDYOG BHAWAN

A- WING RAFI MARG NEW DELHI- 110011.

2:THE SECRETARY TO THE GOVT. OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENTS JANATA BHAWAN DISPUR- 781006 ASSAM.

3:THE DIRECTORATE OF HANDICRAFT AND TEXTILES GOVT. OF ASSAM REPRESENTED BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

4:THE ASSISTANT DIRECTOR DEPARTMENT OF HANDICRAFTS AND TEXTILES KAMRUP GNB ROAD AMBARI GUWAHATI- 781001 ASSAM.

5:THE DEPUTY COMMISSIONER KAMRUP(METRO) OFFICE OF THE DEPUTY COMMISSIONER HENGRABARI GUWAHATI ASSAM.

6:SUPERINTENDENT HANDLOOM AND TEXTILES DEPARTMENT TINSUKIA PIN- 786125 ASSAM.

------------

Advocate for : MR D K DAS Page No.# 8/22

Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS.

Linked Case : WP(C)/2536/2023

M/S LOKNATH FABRICS REP. BY ITS PROPRIETOR GOPAL CH. SAHA AGED-50 YRS

S/O- LATE CHITTARAJAN SAHA

OFFICE SITUATED AT WARD NO-3 BAZAR ROAD MANGALDAI DARRANG ASSAM PIN-784125

VERSUS

THE UNION OF INDIA AND 5 ORS REP. BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVT. OF INDIA UDYOG BHAWAN R/NO- 130 A- WING RAFI MARG NEW DELHI-11

DEPARTMENT OF HANDLOOM AND TEXTILE KAMRUP GNB ROAD AMBARI GUWAHATI-781001 ASSAM 5:THE DEPUTY COMMISSIONER

KAMRUP (M) OFFICE OF THE DEPUTY COMMISSIONER HENGRABARI GUWAHATI ASSAM 6:ASSISTANT DIRECTOR HANDLOOM AND TEXTILE DEPARTMENT DARRANG MANGALDAI-784125 ASSAM

------------

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS

Linked Case : WP(C)/2538/2023

M/S R CHOUDHARY REP. BY ITS PROP. RAVI CHOUDHARY AGED 50 YRS S/O- LATE PAWAN KUMAR CHOUDHURY

OFFICE SITUATED AT 3880 GHSS ROAD NORTH LAKHIMPUR LAKHIMPUR ASSAM 787001

VERSUS

THE UNION OF INDIA AND 5 ORS REPRESENTED BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVERNMENT OF INDIA Page No.# 10/22

UDYOG BHAWAN R. NO. -130 A-WING RAFI MARG NEW DELHI-110011

DEPARTMENT OF HANDLOOM AND TEXTILE KAMRUP GNB ROAD AMBARI GUWAHATI-781001 ASSAM 5:THE DEPUTY COMMISSIONER

KAMRUP (M) OFFICE OF THE DEPUTY COMMISSIONER HENGRABARI GUWAHATI ASSAM 6:I/C ASSISTANT DIRECTOR HANDLOOM AND TEXTILES DEPARTMENT LAKHIMPUR PIN- 787032 ASSAM

------------

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS

Linked Case : WP(C)/2525/2023 Page No.# 11/22

MEM SAAB REPRESENTED BY ITS PROPRIETOR SRI AMAN YADAV

AGED ABOUT 48 YEARS

OFFICE SITUATED AT- SURABHI MARKET

A.T. ROAD JAKHALABANDHA

NH- 37 NAGAON ASSAM- 782136.

VERSUS

THE UNION OF INDIA AND 5 ORS REPRESENTED BY ITS UNDER SECRETARY

MINISTRY OF TEXTILE

GOVERNMENT OF INDIA

UDYOG BHAWAN

A-WING RAFI MARG NEW DELHI- 110011.

2:THE SECRETARY TO THE GOVT. OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENTS JANATA BHAWAN DISPUR GUWAHATI- 781006

ASSAM.

3:THE DIRECTORATE OF HANDICRAFTS AND TEXTILES GOVT. OF ASSAM REPRESENTED BY ITS DIRECTOR

VASTRA BHAWAN GNB ROAD

AMBARI Page No.# 12/22

GUWAHATI- 781001

ASSAM.

4:THE ASSISTANT DIRECTOR DEPARTMENT OF HANDICRAFTS AND TEXTILE KAMRUP GNB ROAD AMBARI GUWAHATI- 781001

ASSAM.

5:THE DEPUTY COMMISSIONER KAMRUP(METRO) OFFICE OF THE DEPUTY COMMISSIONER

HENGRABARI GUWAHATI ASSAM.

6:ENFORCEMENT SQUAD NAGAON DISTRICT OFFICE OF THE ASSISTANT DIRECTOR

HANDLOOM AND TEXTILE NAGAON

M.G. ROAD NEAR POWERHOUSE TINIALI

NAGAON ASSAM- 782001.

------------

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS

Linked Case : WP(C)/2044/2023

HEERA COLLECTION A PARTNERSHIP FIRM REPRESENTED BY ITS AUTHORISED PARTNER SRI RAHUL KUMAR PINCHA AGED ABOUT 35 YEARS OFFICE SITUATED AT KHUSBOO GROUND FLOOR G M TOWER M.S. ROAD FANCY BAZAR Page No.# 13/22

GUWAHATI KAMRUP (M) GUWAHATI-781001 ASSAM

VERSUS

THE UNION OF INDIA AND 4 ORS REPRESENTED BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVERNMENT OF INDIA UDYOG BHAWAN R. NO. -130 A-WING RAFI MARG NEW DELHI-110011

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT JANATA BHAWAN DISPUR-781006 ASSAM 3:THE DIRECTORATE OF HANDICRAFTS AND TEXTILES GOVT. OF ASSAM REPRESENTED BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI-781001 ASSAM 4:THE ASSISTANT DIRECTOR DEPARTMENT OF HANDLOOM AND TEXTILE KAMRUP GNB ROAD AMBARI GUWAAHTI-781001 ASSAM 5:THE DEPUTY COMMISSIONER KAMRUP (M) OFFICE OF THE DEPUTY COMMISSIONER HENGRABARI GUWAHATI ASSAM

------------

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS Page No.# 14/22

Linked Case : WP(C)/2059/2023

GOENKA SYNTHETICS A PROPRIETORSHIP CONCERN REPRESENTED BY 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

VERSUS

THE UNION OF INDIA AND 4 ORS. REPRESENTED BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVERNMENT OF INDIA UDYOG BHAWAN R. NO. -130 A-WING RAFI MARG NEW DELHI-110011

AMBARI GUWAHATI-781001 ASSAM 5:THE DEPUTY COMMISSIONER KAMRUP (M) OFFICE OF THE DEPUTY COMMISSIONER HENGRABARI GUWAHATI ASSAM

------------

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS.

Linked Case : WP(C)/2047/2023

SHRI JAGDAMBA TEXTILE A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR SRI RAVI BUCHA AGED ABOUT 38 YEARS OFFICE SITUATED AT BEE GEE MARKET SRCB ROAD FANCY BAZAR GUWAHATI-781001 ASSAM

VERSUS

THE UNION OF INDIA AND 4 ORS REPRESENTED BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVERNMENT OF INDIA UDYOG BHAWAN R. NO. -130 A-WING RAFI MARG NEW DELHI-110011

VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI-781001 ASSAM 4:THE ASSISTANT DIRECTOR DEPARTMENT OF HANDLOOM AND TEXTILE KAMRUP GNB ROAD AMBARI GUWAAHTI-781001 ASSAM 5:THE DEPUTY COMMISSIONER KAMRUP (M) OFFICE OF THE DEPUTY COMMISSIONER HENGRABARI GUWAHATI ASSAM

------------

Advocate for : MR D K DAS Advocate for : GA ASSAM appearing for THE UNION OF INDIA AND 4 ORS

Linked Case : WP(C)/2043/2023

NISHANT ENTERPRISE REPRESENTED BY ITS PARTNER SRI SUBHAM BOTHRA S/O SRI PRADIP BOTHRA AGED ABOUT 29 YEARS OFFICE SITUATED AT 1ST FLOOR SRCB ELAHI COMPLEX FANCY BAZAR GUWAHATI-781001

VERSUS

THE UNION OF INDIA AND 4 ORS REPRESENTED BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVERNMENT OF INDIA UDYOG BHAWAN R. NO. -130 A-WING Page No.# 17/22

RAFI MARG NEW DELHI-110011

------------

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS

Linked Case : WP(C)/2055/2023

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-781001 Page No.# 18/22

VERSUS

THE UNION OF INDIA AND 4 ORS REPRESENTED BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVERNMENT OF INDIA UDYOG BHAWAN R. NO. -130 A-WING RAFI MARG NEW DELHI-110011

------------

Advocate for : MR C KUMAR Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS

Linked Case : WP(C)/2057/2023

DIGH BAANI Page No.# 19/22

PROPRIETOR SANJAY GARODIA (HUF) REPRESENTED BY ITS KARTA/MANAGER SRI SANJAY KUMAR GARODIA AGED ABOUT 51 YEARS OFFICE SITUATED AT- 1ST FLOOR KESHAV KATRA S.S. ROAD FANCY BAZAR GUWAHATI KAMRUP (M) GUWAHATI-781001 ASSAM

VERSUS

THE UNUIN OF INDIA AND 4 ORS. REPRESENTED BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVERNMENT OF INDIA UDYOG BHAWAN R. NO. -130 A-WING RAFI MARG NEW DELHI-110011

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT JANATA BHAWAN DISPUR-781006 ASSAM 3:THE DIRECTORATE OF HANDICRAFTS AND TEXTILES GOVT. OF ASSAM REPRESENTED BY ITS DIRECTOR VASTRA BHAWAN GNB ROAD AMBARI GUWAHATI-781001 ASSAM 4:THE ASSISTANT DIRECTOR DEPARTMENT OF HANDLOOM AND TEXTILE KAMRUP GNB ROAD AMBARI GUWAAHTI-781001 ASSAM 5:THE DEPUTY COMMISSIONER KAMRUP (M) OFFICE OF THE DEPUTY COMMISSIONER Page No.# 20/22

HENGRABARI GUWAHATI ASSAM

------------

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNUIN OF INDIA AND 4 ORS.

Linked Case : WP(C)/2045/2023

SAMRATH TEXTILE A PARTNERSHIP FIRM REPRESENTED BY ITS AUTHORISED PARTNER SRI TARUN PINCHA AGED ABOUT 36 YEARS OFFICE SITUATED AT 2ND FLOOR ELAHI COMPLEX SRCB ROAD GUWAHATI KAMRUP (M) GUWAHATI-781001 ASSAM

VERSUS

THE UNION OF INDIA AND 4 ORS. REPRESENTED BY ITS UNDER SECRETARY MINISTRY OF TEXTILES GOVERNMENT OF INDIA UDYOG BHAWAN R. NO. -130 A-WING RAFI MARG NEW DELHI-110011

GUWAHATI-781001 ASSAM 4:THE ASSISTANT DIRECTOR DEPARTMENT OF HANDLOOM AND TEXTILE KAMRUP GNB ROAD AMBARI GUWAAHTI-781001 ASSAM 5:THE DEPUTY COMMISSIONER KAMRUP (M) OFFICE OF THE DEPUTY COMMISSIONER HENGRABARI GUWAHATI ASSAM

------------

Advocate for : MR D K DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS.

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

01.06.2023 Heard Mr. D. K. Das, the learned counsel assisted by Mr. H. Betala, the learned counsel for the petitioners and Mr. D. Saikia, the learned Advocate General assisted by Ms. P. Baruah, the learned counsel appearing on behalf of the State respondents as well as Mr. R. Dhar, the learned counsel appearing on behalf of the Sericulture Department, Government of Assam.

2. Hearing being completed judgment is reserved.

3. Both the petitioners as well as the respondents are given the liberty to place any further materials as regards the definition of Art Silk by tomorrow.

4. This Court further directs the State respondents to produce the Anexure- 5 to the affidavit-in-opposition which are minutes of the meetings dated 06.06.2018 and 15.03.02019 in original by tomorrow.

Page No.# 22/22

5. Ms. A. Gayan, the learned Central Government Counsel has submitted an instruction dated 19.05.2023 issued by the Chief Enforcement Officer of the Office of the Development Commissioner for Handlooms. The same is kept on record and marked with the letter "X".

JUDGE

Comparing Assistant