M/S. Samson Timber Industries Pvt. Ltd v. The State of Assam and 3 Ors

ORDER Date : 11-11-2024 Mr. A. Tewari, learned counsel for the petitioner and Mr. N.J. Gogoi, learned Standing Counsel, Assam State Agricultural Marketing Board [ASAMB] for the respondents nos. 2-4 are present.

¶2It has been submitted by Mr. Gogoi, learned Standing Counsel, ASAMB that in view of an order passed under Memo no. ASAMB/Dev/913/2020/16-A dated

12.06.2020, the subject-matter of the writ petition has become infructuous. The contents of the order dated 12.06.2020 read as under :- ORDER Dated Guwahati, the 12th June, 2020 No. ASAMB/Dev/913/2020/16: In pursuance upon the Ordinance No. 10 of 2020 passed by Union Government published in the Gazette on 5th June, 2020 on the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Ordinance 2020. As per Section 6, "No market fee or cess or levy, by whatever named called, under any State APMC Act or any other State law, shall be levied on any farmers or trader or electronic trading and transaction platform for trade and commerce in schedule farmers produce in a trade area". However, it may be noted that physical boundaries of notified Principal Market Yards and Sub-Market Yards and market sub-yards managed and run by the Market Committees fomed under its State APMC Act in force in India are excluded from the trade area. Therefore, all the concerned is directed to strictly adhered to the above Page No.# 3/3 Ordinance/Order (copy enclosed) in letter and spirit with immediate effect. Any contravention to the aforesaid Section shall be treated as criminal offence and legal action against the defaulting incumbents shall be initiated as per rules and regulation. Sd-Chief Executive Officer

¶3In response, Mr. Tewari, learned counsel for the petitioner has endorsed the submission of Mr. Gogoi, learned Standing Counsel, ASAMB that in view of the above Order dated 12.06.2020, the subject-matter of the writ petition has become infructuous.

¶4As submitted by the learned counsel for the petitioner and the respondent authorities in the ASAMB that the subject-matter of the writ petition has been rendered infructuous, the writ petition stands closed. Interim orders, if any, passed earlier stands accordingly recalled.

¶5A copy of the Order under Memo no. ASAMB/Dev/913/2020/16-A dated

12.06.2020 is kept with the record.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010268232018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8383/2018o M/S.oSAMSONoTIMBERoINDUSTRIESoPVT.oLTD.o AoPROPRIETORSHIPoFIRM,oHAVINGoITSoPLACEoOFoBUSINESSoSITUATEDoATo P.O.oTAZIT,oP.S.oTAZIT,oDISTRICToMON,oNAGALAND.oREPRESENTEDoBYoITSo PROPRIETORoBHANWARoSINGHoRATHOURE,oAGEDoABOUTo55oYEARS. VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oDEPTT.oOFoENVIRONMENToANDoFOREST,oDISPUR,oGUWAHATI-o 781006,oASSAM. 2:ASSAMoSTATEoAGRICULTUREoMARKETINGoBOARD oREP.oBYoITSoCHIEFoEXECUTIVEoOFFICER oR.K.oMISSIONoROAD oULUBARI oGUWAHATI-o781007 oASSAM. 3:SIVASAGARoDISTRICToREGULATEDoMARKEToCOMMITTEE oSIVASAGARoDIVISION oSIVASAGAR oASSAM. 4:MARKETINGoINSPECTOR oSONARIoFIELD oSIVASAGARoDISTRICToREGULATEDoMARKEToCOMMITTEE oSIVASAGARoDIVISION oSIVASAGAR oASSAMo AdvocateoforotheoPetitionerooooo:oMRoAoTEWARI,oMS.oPoADHIKARI,MR.oDoWANGDI,MSo Page No.# 2/3 NILAKSHI SARMA,MS. R R DAS Advocate for the Respondent : SC, FOREST, MR. N J GOGOI (SC, A S A M B) BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY