Gauhati High Court
Carbon Resources Pvt. Ltd vs The State Of Assam And 3 Ors on 10 February, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010235572018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7308/2018
CARBON RESOURCES PVT. LTD.
A PVT LIMITED COMAPNY HAVING ITS REGD OFFICE AT 55B, MIRZA
GHALIB STREET, KOLKATA- 700016 AND ITS FACTORY AT VILL-
KUKURMARI, DHALIGAON, P.O- DHALIGAON, DIST- CHIRANG BTAD, PIN-
783385, ASSAM AND IN THE PRESENT PROCEEDINGS, REP. BY SRI
RAJENDRA KUMAR SHARMA, THE DIRECTOR PROJECT OF THE
PETITIONER COMPANY
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
HOME AND POLITICAL DEPTT, ASSAM SECRETARIAT, DISPUR,
GUWAHATI- 781005
2:THE DEPUTY COMMISSIONER
CHIRANG DISTRICT
CHIRANG
KAJALGAON
BTAD
ASSAM
3:THE SUPERINTENDENT OF POLICE
CHIRANG
CHIRANG
KAJALGAON
BTAD
ASSAM
4:PANIRAM BRAHMA
S/O- SRI GOJEN BRAHMA
VILL- SOUTH KAJALGAON
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P.O- SIMLAGURI
DIST- CHIRANG
ASSA
Advocate for the Petitioner : DR. A SARAF, MR. P BARUAH,MR. Z ISLAM,MR. P DAS,MR. S
P SHARMA,MR. N N DUTTA
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
10.02.2025
Heard Mr. N.N. Dutta, learned counsel for the petitioner. Also heard Ms. U.
Das, learned Government Advocate for the State.
This writ petition has been filed by the company seeking direction to the
respondents to ensure that the operation of the factory and it's offices should
not be restricted or restrained by any dharna or blockade by the respondent
No.4 and his associates at the entry gate by any person. The respondent Nos. 2
and 3 have been directed to take appropriate action against the State
respondent No.4 and his associates. This Court while issuing notice by order
dated 11.10.2018 issued the following order:
"Heard Dr. A. Saraf, learned Senior counsel for the petitioner and Mr. T.C.
Chutia, learned Govt. Advocate, Assam.
Petitioner, a private limited company incorporated under the Companies
Act, 1956, has set up an industrial unit, i.e., calcined petroleum coke factory at
Kukurmari in the district of Chirang. Petitioner has obtained all necessary
permissions including permission from the Pollution Control Board to run the
factory. At an earlier point of time, objections were raised alleging violation of
pollution control norms. However, this Court by judgment and order dated
29.05.2017 passed in Writ Appeal No.355/2016 took note of the fact that the
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factory was set up in the year 2001 by complying with all the legal requirements
and after considering the report submitted by the local commissioner appointed
by the Court as well as the report of the Pollution Control Board, directed that
the factory should be allowed to operate.
Thereafter, factory started operating but it is stated that at the instigation
of respondent No.4, there has been constant demonstrations at the gate of the
factory blocking ingress and egress from the factory complex of the petitioner.
Though this was brought to the notice of respondent Nos.2 and 3, no effective
steps have been taken by them to prevent such blockade.
Prima facie, factory of the petitioner is operating on the basis of valid
documents and as per order of this Court dated 29.05.2017. If there are any
objections to the petitioner's factory, aggrieved persons may avail their remedy
in accordance with law but they cannot take up any extra-legal methods to
forcibly close down an industrial unit. If this is permitted, it will be a complete
negation of the rule of law. It is the duty of the Superintendent of Police, Chirang
to ensure that nobody takes law into their own hands.
Issue notice, returnable four weeks.
Mr. T.C. Chutia, learned Govt. Advocate, Assam accepts notice on behalf of
respondent Nos.1, 2 and 3.
Extra copies within three days.
Notice to respondent No.4 by registered post with AD.
Steps within three days.
After hearing learned counsel for the parties and on due consideration,
respondent No.3, i.e., Superintendent of Police, Chirang is directed to ensure
that there is no obstruction to the operation of the factory of the petitioner by
anybody by resorting to blockade of gates, etc. He shall deploy adequate police
personnel so that ingress and egress from the factory complex is not obstructed
by anybody. Respondent No.3 shall submit a status report in this regard before
the Court by the next date.
List on 28.11.2018."
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Thereafter the matter was listed on several dates and interim order was
extended.
Today when the matter is called up learned counsel for the respondents
submits that she has received some instructions and she would like to bring it
on the record.
Having heard the learned counsel for the parties and considering that this
writ petition was filed in the year 2018 and also in view of the facts that the
primary grievance of the writ petitioner is directed against the respondent No.4
for instigating the dharna or strike and blocking the entry gate of the petitioner
company premises and as per instructions submitted by the learned counsel for
the respondents no such dharna is found to be staged by the respondent No.4
as on date and the respondent Nos. 2 and 3 are also ensuring that no such
obstruction is there and further, the learned Government Advocate submits that
police case being Dhaligaon PS Case No. 200 of 2018 under Sections
143/341/379/506 IPC has been instituted against the respondent No.4 and the
charge sheet has also been filed, this Court is of the view that under such
circumstances, the writ petition can be closed directing the respondent Nos. 2
and 3 to ensure that no such dharna or blockade is permitted without taking
recourse to the provision of law and obstructing to functioning the petitioner in
terms of the interim order dated 11.10.2018. Ordered accordingly.
Writ petition is accordingly disposed of in terms of the above observations.
Interim order stands confirmed.
JUDGE
Comparing Assistant
