Page No.# 1/9 vs The Union Of India And 3 Ors
2025 Latest Caselaw 8594 Gua

Gauhati High Court

Page No.# 1/9 vs The Union Of India And 3 Ors on 17 November, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                    Page No.# 1/9

GAHC010071942025




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

                          Case No. : WP(C)/1924/2025

         LAIPULI GAON PANCHAYAT SAMABAI SAMITY LIMITED AND 15 ORS.
         REGISTERED OFFICE - LAIPULI, BORDUBI ROAD, P.O.- PANITOLA, DIST-
         TINSUKIA, ASSAM, PIN-786183 REPRESENTED BY ITS CHAIRMAN, SRI
         SAILEN KUMAR BORAH (AGE - 56 YEARS)

         2: MARGHERITA GAON PANCHAYAT SAMABAI SAMITY LIMITED
          REGISTERED OFFICE - MARGHERITA
          JAYA NAGAR VIA MARGHERITA
          P.O MAKUM PATHAR
          DISTRICT TINSUKIA
         ASSAM
          PIN-786187
          REPRESENTED BY ITS SECRETARY
          SMTI. SHILPI BORUAH (AGE - 42 YEARS)

         3: BORBIL GAON PANCHAYAT SAMABAI SAMITY LIMITED
          REGISTERED OFFICE - 1 NO. BORBIL
          NEAR L.P SCHOOL
          P.O DIGBOI
          DISTRICT TINSUKIA
         ASSAM
          PIN-786171
          REPRESENTED BY ITS SECRETARY
          SMTI. MONALISHA KONWAR (AGE- 41 YEARS)

         4: TIPUK GAON PANCHAYAT SAMABAI SAMITY LIMITED
          REGISTERED OFFICE - RUPAI SIDING
          DOOMDOOMA
          P.O RUPAI SIDING
          DISTRICT TINSUKIA
         ASSAM
          PIN- 786153
          REPRESENTED BY ITS CHAIRMAN
          SRI DHARMENDRA SONOWAL (AGE - 50 YEARS)
                                                      Page No.# 2/9


5: LEDO GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - LEDO BAZAR
 P.O LEDO
 DISTRICT TINSUKIA
ASSAM
 PIN- 786153
 REPRESENTED BY ITS SECRETARY
 SRI PREM BAHADUR CHETRY (AGE - 32 YEARS)

6: KETETONG GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - KETETONG
 P.O KETETONG
 DISTRICT TINSUKIA
ASSAM
 PIN-786181
 REPRESENTED BY ITS SECRETARY
 SRI DUMAI DUNIA (AGE - 52 YEARS)

7: GUIJAN GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - GUIJAN 5 NO.
 P.O RONGAGORA
 DISTRICT TINSUKIA
ASSAM
 PIN-786147
 REPRESENTED BY ITS SECRETARY
 SRI MUNNA PAUL (AGE - 38 YEARS)

8: TINGRAI GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - TINGRAI BAZAR
 NEAR TINGRAI HIGH SCHOOL
 1 NO. AKHOMIA GAON
 P.O TINGRAI BAZAR
 DISTRICT TINSUKIA
ASSAM
 PIN-786171
 REPRESENTED BY ITS SECRETARY
 SRI SWAPON NAG

9: BAZALTOLI GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - BAZALTOLI
 P.O BORGURI
 DISTRICT TINSUKIA
ASSAM
 PIN-786125
 REPRESENTED BY ITS SECRETARY
 SRI UTPAL NEOG
                                                     Page No.# 3/9

10: KAKOPATHAR GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - KAKOPATHAR
 NEAR FOREST OFFICE
 P.O KAKOPATHAR
 DISTRICT TINSUKIA
ASSAM
 PIN-786152
 REPRESENTED BY ITS SECRETARY
 SRI SHAMBHU CHOUDHARY (AGE - 56 YEARS)

11: GABHORUBHETI GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - GABHORUBHETI
 VILLAGE BISHNUPUR
 P.O PHILOBARI
 DISTRICT TINSUKIA
ASSAM
 PIN-786160
 REPRESENTED BY ITS SECRETARY
 SRI BODRI CHETRY (AGE - 42 YEARS)

12: TALAP GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - BALI BAZAR
TALAP
 P.O TALAP
 DISTRICT TINSUKIA
ASSAM
 PIN-786156
 REPRESENTED BY ITS CHAIRMAN
 MD. NASHIM ANSARI (AGE - 62 YEARS)

13: BAPUJI GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - HOGRIJAN
 P.O BORDUBI
 DISTRICT TINSUKIA
ASSAM
 PIN- 786601
 REPRESENTED BY ITS SECRETARY
 SRI JYOTI BORDOLOI (AGE - 65 YEARS)

14: DANGORI GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - DANGORI
 P.O DANGORI
 DISTRICT TINSUKIA
ASSAM
 PIN- 786156
 REPRESENTED BY ITS SECRETARY
 SRI PRONOB SONOWAL (AGE - 33 YEARS)
                                                        Page No.# 4/9

15: BURIDIHING GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - BIJULIBON
VILLAGE MOILAPUR
 P.O CHIKARAJAN
 DISTRICT TINSUKIA
ASSAM
 PIN- 786150
 REPRESENTED BY ITS CHAIRMAN
 SRI PUSHPA MARAN (AGE - 48 YEARS)

16: TONGONA GAON PANCHAYAT SAMABAI SAMITY LIMITED
 REGISTERED OFFICE - TONGONA BAZAR
 P.O TONGONA BAZAR
 DISTRICT TINSUKIA
ASSAM
 PIN-786152
 REPRESENTED BY ITS SECRETARY
 SRI SUBORNA DOHOTIA (AGE - 44 YEARS

VERSUS

THE UNION OF INDIA AND 3 ORS.
REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF FOOD AND
CONSUMERS AFFAIRS, SHASTRI BHAWAN, NEW DELHI, PIN-110001

2:THE STATE OF ASSAM
 REPRESENTED BY THE COMMISSIONER TO THE GOVT OF ASSAM
 FOOD
 PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT
 DISPUR
 GUWAHATI
 PIN-781006

3:THE SECRETARY
 FOOD
 PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT
 DISPUR
 GUWAHATI
 PIN-781006

4:THE DISTRICT COMMISSIONER
TINSUKIA
 FOOD
 CIVIL SUPPLIES AND CONSUMER AFFAIRS BRANCH
 DISTRICT- TINSUKIA
ASSAM
 PIN-78612
                                                                  Page No.# 5/9

     For the Petitioner(s)   : Mr. T. Deuri, Advocate

     For the Respondent(s)   : Mr. D. Nath, Sr. Govt. Advocate




                                 BEFORE
                  HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 17.11.2025

Heard Mr. T. Deuri, the learned counsel appearing on behalf of the 16 petitioners who have their principal places of business in the district of Tinsukia.

2. The said petitioners have assailed the Qualification Criteria incorporated at Sub-Clauses (III), (IV) and (V) of Clause 2(C) of the Terms & Conditions of the Technical Bid Part-A of the Notice Inviting Tender dated 26.03.2025.

3. It was submitted by Mr. T. Deuri, the learned counsel appearing on behalf of the petitioners that the said conditions have been made in such a manner that they can be fulfilled only by a very select group of persons who are nothing, but the blue eyed people of the Respondent Authorities.

4. It is further seen that there is also a challenge to the said Notice Inviting Tender on the ground that it violates Section 24(2)(a) of the National Food Security Act, 2013 (for short, "the Act of 2013") as well as Clause 7(1) of the Targeted Public Page No.# 6/9

Distribution System (Control) Order, 2015 (for short, "the Order of 2015") issued by the Ministry of Consumer Affairs, Food and Public Distribution. This challenge is on the basis that the lifting of the food grains from the Food Corporation of India can be only done by the authorized agencies as defined in Clause 2(g) of the Order of 2015.

5. The learned counsel appearing on behalf the petitioners therefore submitted that in the present case, a perusal of the Notice Inviting Tender would show that not only the authorized agencies as defined in Clause 2(g) of the Order of 2015 have been permitted to participate in the said Notice Inviting Tender, but private contractors have also been allowed to participate which clearly goes against the mandate of the Act of 2013 as well as the Order of 2015.

6. Per Contra, Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the Respondent Authorities submitted that though Clause 7(1) of the Order of 2015 categorically mandates that the lifting is to be done through an authorized agency as defined in Clause 2(g) of the Order of 2015, but by virtue of Clause 7(11) of the Order of 2015, repository powers have been granted to the State Government for the purpose of effective implementation of the Act of 2013 and in that regard, had further submitted that the issue involved Page No.# 7/9

in the present writ petition is also squarely covered by the judgment and order passed by this Court dated 21.09.2017 in WP(C) No. 6647/2015. Additionally, the learned Senior Government Advocate further submitted that the petitioners have no locus standi in the instant proceedings taking into account that they have self admitted in their writ petition that they do not satisfy the eligibility criteria as set out in the said Notice Inviting Tender.

7. Upon hearing the learned counsels appearing on behalf of the parties, this Court also had the occasion of taking note of the order passed by the learned Coordinate Bench of this Court dated 07.08.2025 passed in I.A.(Civil) No.1557/2025 whereby there were specific directions issued upon the respondents to stop implementing the Act of 2013 through private contractor and only permit the entities coming within the ambit of Clause 2(g) of the Order of 2015 to carry out the implementation of the Act of 2013 during the pendency of the instant writ petition.

8. Upon hearing the learned counsels at length, it transpires that the issue on the basis of which the petitioners have challenged the Notice Inviting Tender primarily relates to permitting private contractors to participate in the said Notice Inviting Tender for implementation of the Act of 2013. This Court further takes note of that vide an order dated 07.04.2025, this Page No.# 8/9

Court had directed that the Notice Inviting Tender dated 26.03.2025 shall not be acted upon and this interim order continues till date.

9. This Court had also taken note of the submission of Mr. D. Nath, the learned Senior Government Advocate that in view of the order passed by this Court on 07.04.2025, the Notice Inviting Tender dated 26.03.2025 had thereupon not been acted upon. This submission have been made pursuant to an enquiry being made by this Court, as to whether, the Respondent Authorities are in a position to process the Notice Inviting Tender, if there is a modification made to the order dated 07.04.2025.

10. Under such circumstances, as the issue involved is, as to whether, a private contractor can be permitted to implement the Act of 2013 in terms with Clause 7 of the Order of 2015, it is the opinion of this Court that if a Cooperative Society is granted a contract, nothing would further survive in the instant writ petition. This opinion is based upon the submission of Mr. T. Deuri, the learned counsel for the petitioners that no Cooperative Society currently meets the eligibility criteria.

11. Accordingly, this Court, therefore, fixes this matter again on 23.03.2026.

12. In the meantime, liberty is given to the respondents to Page No.# 9/9

reschedule the tender dates so that the eligible bidders can be permitted to participate. The Respondent Authorities are further given liberty to process the tender.

13. It is observed that upon finalization of the bids, the respondents are given the liberty to bring it to the notice of this Court forthwith by filing an application, in the event such finalization is completed prior to the next date fixed.

14. It is observed and directed that till the next date the effect of finalization of the tender be not given unless modified by this Court prior to the next date so fixed.

JUDGE

Comparing Assistant