Gauhati High Court
Page No.# 1/5 vs The Food Corporation Of India And 6 Ors on 23 June, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010223892024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/204/2025
M/S. SAKAMBARI FLOUR MILLS PVT. LTD. AND 8 ORS
WARD NO. 10, JASWANTA ROAD, PANBAZAR, GUWAHATI, ASSAM, PIN-
781001
2: PAWAN KUMAR KISHAN KUMAR
WARD NO. 10
JASWANTA ROAD
PANBAZAR
GUWAHATI
ASSAM
PIN-781001.
3: SAPPHIRE DEALTRADE PVT. LTD.
WARD NO. 10
JASWANTA ROAD
PANBAZAR
GUWAHATI
ASSAM
PIN-781001.
4: SAKAMBARI AGRO PRODUCTS PVT. LTD.
WARD NO. 10
JASWANTA ROAD
PANBAZAR
GUWAHATI
ASSAM
PIN-781001.
5: NORTH BENGAL SALES PRIVATE LTD.
WARD NO. 10
JASWANTA ROAD
PANBAZAR
GUWAHATI
ASSAM
Page No.# 2/5
PIN-781001.
6: PUSHPANJALI EMPORIUM PRIVATE LTD.
WARD NO. 10
JASWANTA ROAD
PANBAZAR
GUWAHATI
ASSAM
PIN-781001.
7: BENGAL AGENCY
WARD NO. 10
JASWANTA ROAD
PANBAZAR
GUWAHATI
ASSAM
PIN-781001.
8: M/S. GOYAL PACKAGING
WARD NO.10
JASWANTA ROAD
PANBAZAR
GUWAHATI
ASSAM
PIN-781001.
9: SANJIVINI TEA CO. PVT. LTD.
WARD NO. 10
JASWANTA ROAD
PANBAZAR
GUWAHATI
ASSAM
PIN-781001
VERSUS
THE FOOD CORPORATION OF INDIA AND 6 ORS
REP. BY ITS CHAIRMAN MT TOWER, G.S. ROAD, PALTAN BAZAR,
GUWAHATI-781008, ASSAM.
2:THE GENERAL MANAGER (R)
FOOD CORPORATION OF INDIA
REGIONAL OFFICE
MT TOWER
G.S. ROAD
PALTAN BAZAR
GUWAHATI-781008
ASSAM.
Page No.# 3/5
3:THE DEPUTY GENERAL MANAGER (R0
FOOD CORPORATION OF INDIA
REGIONAL OFFICE
MT TOWER
G.S. ROAD
PALTAN BAZAR
GUWAHATI-781008
ASSAM.
4:THE AGM (COMMERCIAL)
FOOD CORPORATION OF INDIA
REGIONAL OFFICE
MT TOWER
G.S. ROAD
PALTAN BAZAR
GUWAHATI-781008
ASSAM.
5:THE UNION OF INDIA
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF CONSUMER AFFAIRS
FOOD AND PUBLIC DISTRIBUTION
GOVT. OF INDIA
LADHI ROAD
NEW DELHI-110001.
6:THE COMMISSIONER
CENTRAL GOODS AND SERVICE
GUWAHATI CENTRAL GST HEADQUARTER
GST BHAWAN
KEDAR ROAD
MACHKHOWA
GUWAHATI-781001
ASSAM.
7:THE PRINCIPAL COMISSIONER
CENTRAL GOODS AND SERVICE TAX AND CENTRAL EXCISE
GUWAHATI ZONE
GST BHAWAN
5TH FLOOR
KEDAR ROAD
GUWAHATI-781001
ASSAM
Advocate for the Petitioner : MR. K P MAHESWARI, MR. DIVYANSH RATHI
Advocate for the Respondent : SC, F C I, SC, GST
Page No.# 4/5
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --23.06.2025
[M. Choudhury, J]
Heard Mr. D. Rathi, learned counsel for the appellants; Mr. B. Singh, learned Standing
Counsel, Food Corporation of India [FCI] for the respondent nos. 1-4; and Mr. K. Jain, learned
counsel representing Mr. S.C. Keyal, learned Standing Counsel, GST for the respondent nos.
5, 6 & 7.
2. Aggrieved by and dissatisfied with a Judgment and Order dated 18.09.2024 passed by
the learned Single Judge in a writ petition, W.P.[C.] no. 4749/2023, preferred by these
appellants as writ petitioners, the instant intra-Court appeal is preferred.
3. A Notice Inviting Tender [NIT] was issued on 07.07.2023 by the respondent FCI
inviting bids from Flour Mills / Traders / empanied bulk buyers / Manufacturers of wheat
products for sale of FAQ/URS Wheat of various Crop Year under Open Market Sale Scheme
[Domestic] [OMSS [D]] lying at its various Depots through E Auction. In response to the said
NIT, the appellants-petitioners had submitted their bids by submitting Earnest Money Deposit
[EMD] at Rs. 1,10,000/- each.
4. It is contented that initially, acceptance letters were issued to the appellant-writ
petitioners for allowing them to participate in the auction which was scheduled to be held on
12.07.2023. But subsequently, by an email dated 20.07.2023, the appellants-petitioners were
informed that their bids were cancelled as they had GST registration outside the State of
Assam and therefore, they could not participate in the E-Auction of wheat.
5. Aggrieved by the email, the appellants-petitioners had preferred the writ petition, W.P.
[C.] no. 4749/2023 and by the Judgment and Order dated 18.09.2024, the writ petition was
dismissed on a number of counts.
Page No.# 5/5
6. Mr. Singh, learned Standing Counsel, FCI has submitted that in the meantime, the
auction for wheat, as mentioned in the NIT, is complete.
7. Mr. Rathi, learned counsel for the appellant-petitioners has submitted that the issue in
this intra-Court appeal is limited to the appellants-petitioners' claim for the refund of the EMD
deposited by the appellants-petitioners. He has submitted that initially, the bids of the
appellants-petitioners were accepted.
8. The matter would require consideration.
9. Issue notice, returnable in 4 [four] weeks.
10. As Mr. Singh, learned Standing Counsel, FCI has appeared and accepted notices for the
respondent nos. 1-4; and Mr. Jain, learned counsel has appeared and accepted notices for the
respondent nos. 5, 6 & 7, formal notices need not be issued to the said respondents. Mr.
Rathi, learned counsel for the appellants shall furnish requisite nos. of extra copies of the
memo of appeal along with the annexures, to Mr. Singh and Mr. Jain, within 3 [three] working
days from today.
11. List the case after 4 [four] weeks.
JUDGE JUDGE
Comparing Assistant
