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Gauhati High Court
Barak Valley Cements Ltd vs The Union Of India And 4 Ors on 20 February, 2026
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/8
GAHC010117422025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3059/2025
BARAK VALLEY CEMENTS LTD.
HAVING ITS WORKS AND REGISTERED OFFICE AT DEBENDRA NAGAR,
JHOOM BASTI, BADARPUR GHAT-788803, DIST. SRIBHUMI, ASSAM,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SRI MUKESH
AGARWAL, S/O- LATE BANWARILAL AGARWAL, R/O- BADARPUR GHAT-
788803, DIST. SRIBHUMI, ASSAM
VERSUS
THE UNION OF INDIA AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF COMMERCE AND INDUSTRIES (DEPARTMENT OF
INDUSTRIAL POLICY AND PROMOTION(, DBA II/NER SECTION, UDYOG
BHAWAN, NEW DELHI-110011.
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF INDUSTRIES AND COMMERCE
DISPUR
GUWAHATI-781006
ASSAM
3:THE COMMISSIONER OF INDUSTRIES AND COMMERCE
ASSAM
UDYOG BHAWAN
BAMUNIMAIDAM
GUWAHATI-781021
ASSAM
4:THE GENERAL MANAGER
DISTRICT INDUSTRIES AND COMMERCECENTRE
KARIMGANJ
Page No.# 2/8
LONGAI ROAD
SRIBHUMI-788710
ASSAM
5:NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD.
(NEDFI)
REPRESENTED BY THE ASSISTANT GENERAL MANAGER (B.D.)
NEDFI HOUSE
G.S. ROAD
DISPUR
GUWAHATI-7841006
ASSA
Advocate for the Petitioner : DR B P TODI, DR ANKIT TODI,MS. T P THANCHUNG
Advocate for the Respondent : DY.S.G.I., MR. S K MEDHI (R-1),MR G DAS(R-5),MR. N ISLAM
(R-5),SC, INDUSTRIES AND COMMERCE
Linked Case : WP(C)/3108/2025
BARAK VALLEY CEMENTS LTD
HAVING ITS WORKS AND REGISTERED OFFICE AT DEBENDRA NAGAR
JHOOM BASTI
BADARPUR GHAT-788803
DIST- SRIBHUMI
ASSAM
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
SRI MUKESH AGARWAL
R/O BADARPURGHAT-788803
DIST- SRIBHUMI
ASSAM
VERSUS
THE UNION OF INDIA AND 4 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRIES (DEPARTMENT OF
INDUSTRIAL POLICY AND PROMOTION)
DBA II/ER SECTION
UDYOG BHAWAN
NEW DELHI-110011
Page No.# 3/8
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF INDUSTRIES AND COMMERCE
DISPUR
GUWAHATI-781006
ASSAM
3:THE COMMISSIONER OF INDUSTRIES AND COMMERCE
ASSAM
UDYOG BHAWAN
BAMUNIMAIDAM
GUWAHATI-781021
ASSAM
4:THE GENERAL MANAGER
DISTRICT INDUSTRIES AND COMMERCE CENTRE
KARIMGANJ
LONGAI ROAD
SRIBHUMI-788710
ASSAM
5:NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD. (NEDFI)
REPRESENTED BY THE ASSISTANT GENERAL MANAGER (B.D.)
NEDFI HOUSE
G.S. ROAD
DISPUR
GUWAHATI-781006
ASSAM
------------
Advocate for : DR B P TODI
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS.
Linked Case : WP(C)/3054/2025
BARAK VALLEY CEMENTS LTD
HAVING ITS WORKS AND REGISTERED OFFICE AT DEBENDRA NAGAR
JHOOM BASTI
BADARPUR GHAT-788803
DIST.- SRIBHUMI
ASSAM.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
SRI MUKESH AGARWAL
AGED ABOUT 55 YEARS
S/O- LATE BANWARILAL AGARWAL
Page No.# 4/8
R/O- BADARPUR GHAT-788803
DIST.- SRIBHUMI
ASSAM.
VERSUS
THE UNION OF INDIA AND ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRIES
(DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION)
DBA II/NER SECTION
UDYOG BHAWAN
NEW DELHI-110011.
2:THE STATE OF ASSAM.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF INDUSTRIES AND COMMERCE
DISPUR
GUWAHATI-781006
ASSAM.
3:THE COMMISSIONER OF INDUSTRIES AND COMMERCE
ASSAM.
UDYOG BHAWAN
BAMUNIMAIDAN
GUWAHATI-781021
ASSAM.
4:THE GENERAL MANAGER
DISTRICT INDUSTRIES AND COMMERCE CENTRE
KARIMGANJ.
LONGAI ROAD
SRIBHUMI. PIN-788710
ASSAM.
5:NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD.(NEDFI)
REPRESENTED BY THE ASSISTANT GENERAL MANAGER (B.D) NEDFI
HOUSE
G.S. ROAD
DISPUR
GUWAHATI-781006
ASSAM.
------------
Advocate for : DR ANKIT TODI
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND ORS
Page No.# 5/8
Linked Case : WP(C)/3113/2025
BARAK VALLEY CEMENTS LTD
HAVING ITS WORKS AND REGISTERED OFFICE AT DEBENDRA NAGAR
JHOOM BASTI
BADARPUR GHAT-788803
DIST- SRIBHUMI
ASSAM
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
SRI MUKESH AGARWAL
S/O LATE BANWARILAL AGARWAL
R/O BADARPUR GHAT-788803
DIST- SRIBHUMI
ASSAM
VERSUS
THE UNION OF INDIA AND 4 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRIES (DEPARTMENT OF
INDUSTRIAL POLICY AND PROMOTION)
DBA II/ER SECTION
UDYOG BHAWAN
NEW DELHI-110011
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF INDUSTRIES AND COMMERCE
DISPUR
GUWAHATI-781006
ASSAM
3:THE COMMISSIONER OF INDUSTRIES AND COMMERCE
ASSAM
UDYOG BHAWAN
BAMUNIMAIDAM
GUWAHATI-781021
ASSAM
4:THE GENERAL MANAGER
DISTRICT INDUSTRIES AND COMMERCE CENTRE
KARIMGANJ
LONGAI ROAD
SRIBHUMI-788710
ASSAM
Page No.# 6/8
5:NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD. (NEDFI)
REPRESENTED BY THE ASSISTANT GENERAL MANAGER (B.D.)
NEDFI HOUSE
G.S. ROAD
DISPUR
GUWAHATI-781006
ASSAM
------------
Advocate for : DR B P TODI
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS.
Linked Case : WP(C)/3058/2025
BARAK VALLEY CEMENTS LTD
HAVING ITS WORKS AND REGISTERED OFFICE AT DEBENDRA NAGAR
JHOOM BASTI
BADARPUR GHAT-788803
DIST.- SRIBHUMI
ASSAM. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
SRI MUKESH AGARWAL
AGED ABOUT 55 YEARS
S/O- LATE BANWARILAL AGARWAL
R/O- BADARPUR GHAT-788803
DIST.- SRIBHUMI
ASSAM.
VERSUS
THE UNION OF INDIA AND ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRIES
(DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION)
DBA II/NER SECTION
UDYOG BHAWAN
NEW DELHI-110011.
2:THE STATE OF ASSAM.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF INDUSTRIES AND COMMERCE
DISPUR
GUWAHATI-781006
ASSAM.
3:THE COMMISSIONER OF INDUSTRIES AND COMMERCE
Page No.# 7/8
ASSAM.
UDYOG BHAWAN
BAMUNIMAIDAN
GUWAHATI-781021
ASSAM.
4:THE GENERAL MANAGER
DISTRICT INDUSTRIES AND COMMERCE CENTRE
KARIMGANJ.
LONGAI ROAD
SRIBHUMI. PIN-788710
ASSAM.
5:NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD.(NEDFI)
REPRESENTED BY THE ASSISTANT GENERAL MANAGER (B.D) NEDFI
HOUSE
G.S. ROAD
DISPUR
GUWAHATI-781006
ASSAM.
------------
Advocate for : DR ANKIT TODI
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND ORS
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
20.02.2026
Mr. B.P. Todi, learned counsel for the petitioner; Mr. S.K. Medhi, learned Central
Government Counsel [CGC] for the respondent Union of India; Mr. B. Gogoi, learned
Additional Advocate General, Assam for the respondent Industries & Commerce Department;
and Mr. G. Das, learned counsel for the respondent NEDFI.
The counter affidavits on behalf of the respondent Union of India and the respondent
NEDFI are already on record.
Mr. Gogoi, Additional Advocate General, Assam appearing for the respondent Industries
& Commerce Department has submitted that he has received the necessary instructions to
file the counter affidavit and has, thus, sought for 3 [three] weeks' time to file the counter
Page No.# 8/8
affidavit.
As sought for and agreed to by the learned counsel for the parties, list the cases on
30.03.2026.
JUDGE
Comparing Assistant
