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Gauhati High Court
Raja Ram Malakar vs Indian Oil Corporation Limted And Ors on 23 March, 2026
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010047802026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1460/2026
RAJA RAM MALAKAR
S/O- BAPURAM MALAKAR.
R/O- H.NO.6, TULA FACTORY, SEWALI PATH, FATASHIL AMBARI,
GUWAHATI, KAMRUP(M), PIN - 781025, ASSAM.
VERSUS
INDIAN OIL CORPORATION LIMTED AND ORS
REPRESENTED BY ITS CHAIRMAN AND HAVING ITS HEAD OFFICE AT
INDIAN OIL BHAVAN, 3079/3, SADIQ NAGAR, J.B. TITO MARG, NEW DELHI-
110049.
2:THE EXECUTIVE DIRECTOR (LPG)
INDIAN OIL COPORATION LTD
INDIAN OIL BHAWAN
G-9
ALI YAVAR HUNG MARG
BANDRA (EAST)
MUMBAI-400051
MAHARASHTRA.
3:THE CHIEF GENERAL MANAGER (LPG)
INDIAN OIL AOD STATE OFFICE
INDIAN OIL BHAVAN
INDIAN OIL AOD STATE OFFICE
SECTOR -III
NOONMATI
GUWAHATI-781020
DIST.- KAMRUP(M)
ASSAM.
4:THE DISTRICT TRANSPORT OFFICER
Page No.# 2/5
KARBI ANGLONG
DIPHU
KARBI ANGLONG
PIN - 782460
ASSAM.
5:M/S TATA MOTORS LTD.
REPRESENTED BY MANAGING DIRECTOR AND HAVING ITS REGISTERED
ADDRESS AT BOMBAY HOUSE
24 HOMI MODY STREET
MUMBAI
PIN - 400001
MAHARASTRA
Advocate for the Petitioner : MR. K P PATHAK, MS. SANSKRITI BARUA,MR. C PAUL,MR
BHARGAV DAS
Advocate for the Respondent : SC, I O C, SC, TRANSPORT DEPARTMENT, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
23.03.2026
Heard Mr. B. Das, learned counsel for the petitioner; Mr. N. Baruah, learned counsel for
the respondent nos. 1, 2 & 3; and Ms. M.D. Bora, learned Standing Counsel, Transport
Department for the respondent no. 4.
2. The learned counsel for the parties have submitted that on 18.03.2026, an order has
been passed in a batch of writ petitions, W.P.[C] no. 1549/2026, W.P.[C] no. 1572/2026 and
W.P.[C] no. 1627/2026 and the same kind of order would be proper in this case also.
3. This Court on 18.03.2026 after a deliberation on the issues involved, has directed for
an inspection of the vehicles involved in those writ petitions wherein show cause notices were
issued and orders of blacklisting were passed.
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4. As the petitioner herein is similarly circumstances, the learned counsel for the parties
have submitted that a similar order be issued in this writ petition also.
5. Issue notice, returnable on 06.04.2026.
6. As Mr. Baruah, learned counsel has appeared and accepted notices on behalf of the
respondent nos. 1, 2 & 3; and Ms. Bora, learned Standing Counsel, Transport Department has
appeared and accepted notice on behalf of the respondent no. 4, issuance of formal notice to
the said respondents is dispensed with. Mr. Das shall furnish requisite nos. of extra copies of
the writ petition along with the annexures, to Mr. Baruah and Ms. Bora within 2 [two] working
days from today.
7. For the purpose of service of notice upon the respondent no. 6, the learned counsel for
the petitioner shall serve a copy of the writ petition along with annexures to Mr. B.P. Sharma,
learned counsel assisting Mr. J. Roy, learned Senior Counsel who appeared on behalf of the
respondent no. 5 in the afore-stated three writ petitions within 2 [two] working days from
today.
8. The relevant excerpts of the order dated 18.03.2026 passed in the afore-stated writ
petitions are as under :-
8. Having regard to the issue involved, this Court is of the considered view that
the trucks against which the adverse actions have been taken by the respondent
IOCL authorities, an inspection of those vehicles is required to be carried out for a
proper appreciation and adjudication of the issues involved. Such inspection shall
be carried out by the competent personnel from the respondent no. 6 at a
designated convenient place on scheduled dates. Having regard to the obtaining
fact situation, this Court deems it fit to fix the dates of inspection of the trucks
from 23.03.2026 to 27.03.2026.
9. The respondent authorities in the Transport Department and IOCL authorities
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shall ensure the presence of the competent officials on the dates of inspection at
the designated place. The designated place will be informed to the learned
counsel for the petitioner and the respondents by the learned counsel for the
respondent no. 6 by 20.03.2026. After comprehensive inspection of the vehicles
on the dates of inspection, more particularly, the chassis numbers and the engine
numbers, the respondent no. 6 shall prepare a report to place it before the Court
through its learned counsel on the returnable date on 06.04.2026. The findings of
the Transport Department shall also be placed in the form of a report on
06.04.2026. The petitioner shall place all the vehicular documents including the
tax invoice, available at their disposal, before the inspecting officials at the time
the trucks are placed for inspection. The officials of the respondent no. 6 shall
examine whether there is any kind of tempering with the chassis number and
engine number of the trucks placed for inspection.
10. The cost to be borne for inspection is subject to further order of this Court.
11. Having regard to the obtaining facts and circumstances in its entirety and to
balance the equities, it is ordered, in the interim, that the respondent IOCL
authorities shall not take any further coercive action against the petitioner and
shall not enter into any Transport Contract in replacement of trucks of the
petitioner till the returnable date.
9. As the learned counsel for the parties have submitted that the petitioner herein is
similarly circumstanced like the petitioners in the afore-stated three writ petitions and the
impugned action against the petitioner are in relation to two vehicles bearing Registration no.
AS-09/AC-7179 & AS-09/AC-4205, the petitioner shall place these vehicles at the designated
place, Pradip Saw Mill, Mirza Girls School at Mirza at 11.00 a.m. during the period from
24.03.2026 to 27.03.2026.
10. The respondent no. 5 shall carry out the inspection of the two vehicles of the petitioner
in terms of this order. To facilitate such inspection, the petitioner shall furnish a copy of this
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order to the officials of the respondent no. 5 at the time the two vehicles are placed for
inspection.
11. It is ordered, in the interim, that the respondent IOCL authorities shall not take any
further coercive action against the petitioner and shall not enter into any Transport Contract
in replacement of the two trucks of the petitioner till the returnable date.
12. List the case on 06.04.2026
JUDGE
Comparing Assistant
