Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 4 Ors on 10 May, 2024
Page No.# 1/8
GAHC010175402023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4631/2023
GARG POLY INDUSTRIES AND ANR.
A REGISTERED PROPRIETORIAL FIRM HAVING ITS REGISTERED OFFICE
AT S C ROAD ATHGAON GUWAHATI 781001
2: BABITA GARG
PROPRIETOR OF GARG POLY INDUSTRIES R/O NEHA APARTMENT
ATHGAON GUWAHATI 78100
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH
ENGINEERING DEPTT. DISPUR GUWAHATI 781003
2:THE PRINCIPAL SECRETARY
GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 781003
3:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPTT. GOVT. OF ASSAM HENGRABARI
GUWAHATI 781003
4:THE ADDITIONAL CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPTT O/O THE ENGINEER PUBLIC
HEALTH ENGINEERING DEPTT HENGRABARI GUWAHATI
5:THE EXECUTIVE ENGINEER
PHE STORES AND WORKSHOP DIVISION BETKUCHI GUWAHAT
Advocate for the Petitioner : MS M HAZARIKA
Advocate for the Respondent : SC, P H E
Page No.# 2/8
Linked Case : Cont.Cas(C)/103/2019
KAMAKHYA POLY UDYOG AND ANR.
A REGD. PROPRIETORIAL FIRM
HAVING ITS REGD. OFFICE AT S.C. ROAD
ATHGAON
GUWAHATI-781001.
2: MANOJ GARG
PROPRIETOR OF KAMAKHYA POLY UDYOG
R/O. NEHA APARTMENT
BLOCK-6
FLAT NO. 6803
SJ ROAD
ATHGAON
GUWAHATI-781001.
VERSUS
SIDDHARTH SINGH AND 3 ORS.
THE SECRETARY TO THE GOVT. OF ASSAM
PUBLIC HEALTH ENGINEERING DEPTT.
DISPUR
GUWAHATI-781003.
2:BIREN BHATTACHARYA
THE SECRETARY TO THE GOVT. OF ASSAM
PUBLIC HEALTH ENGINEERING DEPTT.
DISPUR
GUWAHATI-781003.
3:SAUMYA KUMAR BARUA
THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPTT.
GOVT. OF ASSAM
HENGARABARI
GUWAHATI-781003.
4:TAPAN BORDOLOI
THE EXECUTIVE ENGINEER
PHE STORES AND WORKSHOP DIVISION
BETKUCHI
GUWAHATI-781032.
------------
Advocate for : MR D KHAN
Page No.# 3/8
Advocate for : MR. P N GOSWAMI (R3
R4) appearing for SIDDHARTH SINGH AND 3 ORS.
Linked Case : Cont.Cas(C)/517/2018
SRK METALS AND PLASTICS (PVT.) LTD.
A PVT. LTD. COMPANY REGD. UNDER THE COMPANIES ACT
HAVING ITS REGD. OFFICE AND FACTORY OPP. NATIONAL PUBLIC
SCHOOL
LALUNG GAON
LAKHARA CHARIALI
GHY- 34
DIST- KAMRUP
ASSAM
VERSUS
SIDDHARTH SINGH AND 4 ORS.
THE SECY. TO THE GOVT. OF ASSAM
PUBLIC HEALTH ENGINEERING DEPTT.
DISPUR
GHY-3
2:BIREN BHATTACHARYA
THE SECY. TO THE GOVT. OF ASSAM
PUBLIC HEALTH ENGINEERING DEPTT.
DISPUR
GHY-3
3:SAUMYA KUMAR BARUA
THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPTT.
GOVT. OF ASSAM
HENGARABARI GHY- 3
4:LAWRENCE INTY
THE ADDL. CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPTT.
OFFICE OF THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPTT.
HENGARABARI
GHY
5:TAPAN BORDOLOI
THE EXECUTIVE ENGINEER
PHE STORES AND WORKSHOP DIVISION
BETKUCHI
GHY
Page No.# 4/8
------------
Advocate for : MS. S KHOUND
Advocate for : MR. P N GOSWAMI (R1-R5) appearing for SIDDHARTH SINGH
AND 4 ORS.
Linked Case : I.A.(Civil)/1193/2020
KAMAKHYA POLY UDYOG AND ANR.
A REGD. PROPRIETORIAL FIRM
HAVING ITS REGD. OFFICE AT S.C. ROAD
ATHGAON
GUWAHATI-781001
ASSAM.
2: MANOJ GARG
PROPRIETOR OF KAMAKHYA POLY UDYOG
R/O. NEHA APARTMENT
BLOCK-6
FLAT NO. 6803
SJ ROAD
ATHGAON
GUWAHATI-781001.
VERSUS
NARAYAN DAS AND 2 ORS.
SECY. TO THE GOVERNMENT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPTT.
ASSAM SECRETARIAT
DISPUR-781006.
2:MANIN KR. DAS
CHIEF ENGINEER (WATER)
PUBLIC HEALTH ENGINEERING DEPTT.
HENGERABARI
GUWAHATI.
3:RAMJAN ALI KHANDAKAR
EXECUTIVE ENGINEER
STORE AND WORKSHOP DIVISION
PUBLIC HEALTH ENGINEERING DEPTT.
BETKUCHI
ASSAM.
------------
Advocate for : MR D KHAN
Advocate for : appearing for NARAYAN DAS AND 2 ORS.
Page No.# 5/8
Linked Case : Cont.Cas(C)/101/2019
GARY POLY INDUSTRIES AND ANR.
A REGD PROP FIRM HAVING ITS REGD OFFICE AT SC ROAD
ATHGAON
GUWAHATI- 781001
2: BABITA GARG
PROP. GARG POLY INDUSTRIES
NEHA APARTMENT
ATHGAON
GUWAHATI- 781001
VERSUS
SIDDHARTH SINGH AND 3 ORS.
THE SECRETARY TO THE GOVT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPTT
DISPUR
GUWAHATI- 781003
2:BIREN BHATTACHARYA
THE SECRETARY TO THE GOVT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPTT
DISPUR
GUWAHATI- 781003
3:SAUMYA KUMAR BARUA
THE CHIEF ENGINEER
PHED
GOVT OF ASSAM
HENGRABARI
GUWAHATI- 781003
4:TAPAN BORDOLOI
THE EXECUTIVE ENGINEER
PHE STORES AND WORKSHOP DIVISION
BETKUCHI
GUWAHATI- 781032
------------
Advocate for : MR D KHAN
Advocate for : MR. P N GOSWAMI appearing for SIDDHARTH SINGH AND 3 ORS.
Linked Case : WP(C)/5273/2023
SRK METALS AND PLASTICS PVT. LTD.
REPRESENTED BY ITS DIRECTOR
SHRI KRISHNA AGARWAL
Page No.# 6/8
A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AND FACTORY AT VILLAGE BONDA
P.O BONDA
P.S PRAGJYOTISHPUR
GUWAHATI - 781026
DISTRICT KAMRUP METRO
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT
DISPUR
GUWAHATI 781003
2:PRINCIPAL SECRETARY GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATRI 781003
3:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
GOVERNMENT OF ASSAM
HENGARABARI
GUWAHATI- 781003
4:THE ADDITIONAL CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
OFFICE OF THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
HENGARABARI
GUWAHATI.
5:THE EXECUTIVE ENGINEER
PHE STORES AND WORKSHOP DIVISION
BETKUCHI
GUWAHATI.
------------
Advocate for : MS K LOYA
Advocate for : SC
FINANCE appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : I.A.(Civil)/1196/2020
GARG POLY INDUSTRIES AND ANR.
Page No.# 7/8
A REGD. PROPRIETORIAL FIRM
HAVING ITS REGD. OFFICE AT S.C. ROAD
ATHGAON
GUWAHATI- 781001
ASSAM.
2: BABITA GARG
PROPRIETOR OF GARG POLY INDUSTRIES
R/O. NEHA APARTMENT
BLOCK 6
FLAT NO. 6803
SJ ROAD
ATHGAON
GUWAHATI- 781001
VERSUS
NARAYAN DAS AND 2 ORS.
SECY. TO THE GOVERNMENT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPTT.
ASSAM SECRETARIAT
DISPUR- 781006.
2:MANIN KR. DAS
CHIEF ENGINEER (WATER)
PUBLIC HEALTH ENGINEERING DEPTT.
HENGERABARI
GUWAHATI.
3:RAMJAN ALI KHANDAKAR
EXECUTIVE ENGINEER
STROE AND WORKSHOP DIVISION
PUBLIC HEALTH ENGINEERING DEPTT.
BETKUCHI
ASSAM.
------------
Advocate for : MR D KHAN
Advocate for : appearing for NARAYAN DAS AND 2 ORS.
BEFORE
HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
10.05.2024
Heard Mr D Gogoi, learned Standing Counsel, PHE Department, seeks 2 (two)
Page No.# 8/8
weeks' time to file affidavit-in-opposition in the matter. He further submits a copy of the
order dated 26.02.2024, passed in WP(C) No. 5029/2021, stating that the said Judgment
and Order squarely covers the case in hand.
However, Ms M Hazarika, learned Senior Counsel, assisted by Mr D Khan, learned
counsel, disputes the same.
Be that as it may, let the affidavit-in-opposition be filed within a period of 2 (two)
weeks from today, pursuant thereof, the matter shall be taken up for admission hearing.
List the matter on 27.05.2024.
Considering the fact that the dues of the petitioner are not being paid for a long
time, it is needless to clarify that the affidavit-in-opposition shall be positively filed by
the next date.
On failure of filing of the affidavit by the next date, this petition shall be proceeded
in accordance with law.
JUDGE
Comparing Assistant
