Gauhati High Court
Page No.# 1/5 vs Indian Oil Corporation Ltd. And 4 Ors on 10 September, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010198602025
2025:GAU-AS:12329
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5122/2025
M/S SILCHAR INDANE SERVICE AND 2 ORS
REPRESENTED BY PETITIONER NO. 2 AND 3 TRUNK ROAD (SILCHAR
SPORTING COMPLEX) SILCHAR, DIST. CACHAR, ASSAM, PIN- 788001.
2: LIPI RANI PAUL
D/O- LATE AMAR CH. PAUL
PARTNER OF SILCHAR INDANE SERVICE
R/O- UTTAR KRISHNAPUR
PART-I
SILCHAR
P.O. UTTAR KRISHNAPUR
DIST. CACHAR
ASSAM
PIN- 788006.
3: MARIAM BIBI CHOUDHURY
W/O- ZARJIS ALOM CHOUDHURY
PARTNER OF SILCHAR INDANE SERVICE
RESIDENT OF UTTAR KRISHNAPUR PART-I
SILCHAR
P.O. UTTAR KRISHNAPUR
DIST. CACHAR
ASSAM
PIN- 788006
VERSUS
INDIAN OIL CORPORATION LTD. AND 4 ORS
REPRESENTED BY ITS CHAIRMAN, INDIAN OIL BHAVAN, G-9, ALI YAVAR
JUNG MARG, BANDRA, MUMBAI (EAST), MUMBAI-400051,
MAHARASHTRA.
2:THE CHIEF GENERAL MANAGER (LPG)
INDIAN OIL BHAVAN
Page No.# 2/5
SECTOR-III
NOONMATI
GUWAHATI-20
ASSAM
3:THE DEPUTY GENERAL MANAGER (VIGILANCE)
INDIAN OIL CORPORATION LTD.
IOAOD STATE OFFICE
INDIAN OIL BHAVAN
SECTOR-III
NOONMATI
GUWAHATI-20
ASSAM
4:THE DIVISIONAL LPG HEAD
INDANE D.O. SILCHAR
1ST FLOOR
JAGANNATH APARTMENT
HOSPITAL ROAD
SILCHAR
PIN- 788005
ASSAM
5:THE ASSISTANT MANAGER
(LPG-S)
SILCHAR-II
LSA
INDIAN OIL CORPORATION LIMITED
INDANE DIVISIONAL OFFICE
1ST FLOOR
JAGANNATH APARTMENT
HOSPITAL ROAD
SILCHAR
PIN- 788005
ASSA
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
Advocates for the petitioner(s) :Mr. PKR Choudhury
Advocates for the respondent(s) : Mr. MK Choudhury,
Senior Advocate
Page No.# 3/5
Mr. M Sarma
For respondent Nos.1 to 5.
Date of hearing & judgment :10.09.2025
JUDGMENT & ORDER(ORAL)
Heard Mr. PKR Choudhury, the learned counsel appearing on behalf of the
petitioners. Mr. MK Choudhury, the learned Senior Counsel assisted by Mr. M
Sarma, the learned counsel, who appears on behalf of the respondent Nos.1 to
5.
2. The petitioners herein have approached this Court challenging the actions
of the respondent authorities in not supplying the cylinders as well as regulators
in terms with the agreement entered into by and between the petitioners as
well as the respondent IOCL dated 21.11.2023.
3. Mr. PKR Choudhury, the learned counsel appearing on behalf of the
petitioners submits that on the basis of a complaint filed by a stranger, namely,
Sri Gautam Kumar Kaunda, who has no relation or business with the petitioner
No.1., a show cause proceedings was initiated by the respondent authorities
vide a show cause notice dated 24.07.2025. The petitioner upon receipt of the
said show cause notice, within the period stipulated therein submitted a reply to
the said show cause notice.
4. Mr. PKR Choudhury, the learned counsel submits that when the said
proceedings are going on, the respondent authorities could not have stopped
the supply of the cylinders as well as regulators which are essential for the
purpose of the petitioners to carry on the business in terms with the
Page No.# 4/5
Memorandum of Agreement dated 23.11.2023. It is under such circumstances,
the petitioners have approached this Court by filing the present proceedings.
5. It is relevant to take note of that when the matter was listed before this
Court on 03.09.2025, this Court sought for instruction(s) from Mr. MK
Choudhury, the learned Standing Counsel for the respondent authorities. Today
Mr. MK Choudhury, the learned Standing Counsel submitted that as per his
instructions, decision has been taken, but the same is yet to be communicated
to the petitioners.
6. This Court had duly heard the learned counsels appearing on behalf of the
parties and has also perused the materials on record. Without commenting on
the legality or the validity of the show cause proceedings, this Court finds it very
pertinent to observe that when there is a Memorandum of Agreement dated
23.11.2023, whereby certain terms and conditions have been incorporated, the
respondent authorities, being the State without justifiable reasons cannot stop
the supply of the cylinders as well as regulators on the basis of which the
petitioners are carrying on their business.
7. Under such circumstances, this Court, therefore, disposes of the writ
petition directing the respondent authorities to communicate the decision so
taken in respect to the show cause proceedings within a period of 15(fifteen)
days from the date of the present order and in the eventuality such decision is
not communicated, the respondent authorities shall abide by the terms and
conditions of the Memorandum of Agreement dated 23.11.2023.
8. With the above, the writ petition stands disposed of.
JUDGE
Page No.# 5/5
Comparing Assistant
