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M/S BIOGENETICS DRUGS PVT LTD vs NATIONAL HEALTH MISSION - Gauhati (2022)
, INDGAU00000136966).The government is instructed to communicate the supplementary budget passed in the Assembly to the Ministry, which is then expected to release the due funds within 60 days of receipt of this communication.
Analysis and Conclusion
References:- 2024 Supreme(Online)(GAU) 14329- 2025 Supreme(Online)(Gau) 2687- 2025 Supreme(Online)(Gau) 7525- 2025 Supreme(Online)(Gau) 3428- INDGAU00000137271- INDGAU00000137180-
M/S BIOGENETICS DRUGS PVT LTD vs NATIONAL HEALTH MISSION - Gauhati (2022)
- INDGAU00000136966
In the realm of administrative and constitutional law in India, procedural diligence is paramount. The case of Rina Deka vs State of Assam exemplifies this principle, where the Gauhati High Court firmly dismissed multiple review petitions. These petitions stemmed from writ proceedings involving delayed payments for government schemes due to funding shortfalls from the Union Government. This blog post dissects the case, its facts, legal issues, and broader implications, drawing from court observations across related judgments. Note: This is general information based on public judgments and not specific legal advice. Consult a qualified lawyer for personalized guidance.
The legal question at the heart of this matter revolves around Rina Deka Vs State of Assam, where review petitioners, represented by Ms. R. Deka, challenged a common order dated 27.09.2022. The original writ petitions sought directions for the State of Assam to clear pending bills related to public schemes. However, compliance was allegedly stalled because the State had not received its share of contributions from the Ministry of Jal Shakti, Union of India.
Contending that the pending bills could not be cleared by the State of Assam due to non-receipt of the share of contribution coming from the Ministry of Jal Shakti, Union of India, Ms. R. ... Deka, the learned counsel for the review petitioners submits that these writ petitions are required to be heard afresh after serving notice upon the Ministry of Jal Shakti. 2025 0 Supreme(Gau) 1246
The petitioners argued for a fresh hearing after impleading the Ministry, claiming non-joinder prevented enforcement of the court's directives on budget communication and fund disbursement. The original order had mandated the Government of Assam to communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority. 2025 0 Supreme(Gau) 1246
Similar contentions appeared across multiple review petitions, highlighting a pattern of procedural challenges post the initial ruling. 2025 0 Supreme(Gau) 1334 2025 0 Supreme(Gau) 1245 2025 0 Supreme(Gau) 1284 2025 0 Supreme(Gau) 1263
Under Article 226 of the Constitution of India, High Courts exercise writ jurisdiction, but review powers are limited. The petitioners invoked review on grounds of non-joinder of necessary parties, asserting it rendered the order unenforceable.
Core issues included:- Whether failure to implead the Ministry of Jal Shakti invalidated the original order.- If procedural lapses by petitioners justify reviewing a well-grounded order.- The impact of the Ministry's representation in proceedings without objections.
A review cannot be based on non-joinder of necessary parties when the party was represented in court and did not raise any objections. 2025 0 Supreme(Gau) 1334
The court consistently emphasized that litigants bear the primary obligation to join all necessary parties. This aligns with established principles in administrative law, where petitioners must ensure complete arrays of parties for effective adjudication.
The State and other respondents highlighted that the Ministry was adequately represented during original hearings, raising no objections to joinder. Thus, petitioners' oversight could not undo the order.
The Gauhati High Court found no merit in the review petitions across all instances. Key holdings:
In detailed paras (2-8), the court parsed the common order's scope, noting directions for fund release and compliance within timelines. Yet, procedural non-compliance by petitioners does not justify reviewing a court order, especially when all necessary parties were represented during the original proceedings. 2025 0 Supreme(Gau) 1263
Result: All review petitions were dismissed. 2025 0 Supreme(Gau) 1284 2025 0 Supreme(Gau) 1245
This stance reinforces that courts prioritize substantive justice over technical post-hoc challenges, provided no fundamental error exists.
While the core dispute centered on funding schemes, similar procedural themes echo in Gauhati High Court rulings:
These cases underscore a consistent judicial trend: Parties must act diligently; lapses are not revisitable lightly.
In public interest litigation over schemes, this ruling may deter frivolous reviews, streamlining fund flows. However, it cautions against hasty filings without full party arrays.
The Rina Deka vs State of Assam saga illustrates that while writ jurisdiction offers robust remedies, review is no panacea for oversights. The Gauhati High Court's dismissals affirm: Non-joinder of a necessary party does not invalidate a court's order where the party was represented and did not contest its involvement; petitioners are responsible for including all relevant parties. 2025 0 Supreme(Gau) 1284
Litigants should meticulously array parties upfront to avoid such pitfalls. This decision bolsters efficient administration, ensuring court orders on public funds are not derailed by procedural afterthoughts.
For deeper insights or similar cases, explore Gauhati High Court archives. Always seek professional counsel for case-specific strategies.
Word count approximation: 1050. Sources cited per judgment excerpts.
#RinaDekaCase, #GauhatiHighCourt, #ReviewPetition
NAGAON ASSAM PIN 782001 4:UTPAL KR. DEKA S/O SRI NAGENDRA NATH DEKA R/O VILL. KVK SHILONGANI P.S. and P.O. SADAR DIST. NAGAON ASSAM PIN 782001 OWNER 5:RAJU MONI BORA S/O SRI NITYANANDA BORA R/O VILL. DIMORUGURI ATMOL PATH P.S. and P.O. SADAR DIST. ... NAGAON ASSAM PIN 782001 4:UTPAL KR. DEKA S/O SRI NAGENDRA NATH DEKA R/O VILL. KVK SHILONGANI P.S. and P.O. SADAR DIST. NAGAON PIN 782001 OWNER 5:RAJU MONI BORA S/O SRI NITYANANDA BORA R/O VILL. DIMORUGURI ATMOL PATH P.S.....
RINA PATHAK WIFE OF LATE DHARMESWAR PATHAK RESIDENT OF VILL.- KAILASHPUR P.O.- SILPUKHURI P.S.- CHANDMARI DIST.- KAMRUP(M) GUWAHATI ASSAM PIN- 781003. ... 2: JADAV CHANDRA DEKA SON OF LATE GHANA KT. DEKA RESIDENT OF VILLAGE- PACHIM KURUWA P.O.- KURUWA P.S.- SIPAJHAR DISTRICT- DIRANG ASSAM- PIN- 784145. 3: JAGADISH RAJBONGSHI SON OF LATE SIDHIRAM RAJBONGSHI RESIDENT OF VILL. ... SALBARI BAPUJI NAGAR P.O.- NOONMATI P.S.- NOONMATI DIST.- KAMRUP(M) GUWAHATI ASSAM PIN- 781020 VERSUS THE #H....
GAHC010128982025 2025:GAU-AS:10017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./184/2025 THE STATE OF ASSAM AND 3 ORS ... Contending that the pending bills could not be cleared by the State of Assam due to non-receipt of the share of contribution coming from the Ministry of Jal Shakti, Union of India, Ms. R. ... KAMRUP, ASSAM. For the petitioner (s) : Ms. R. Deka, SC, Water Resource For the respondent (....
8: MONI DEKA S/O. LT. MINARAM DEKA VILL. DA-GAON P.O. AHAT GURI P.S. DHARAMTOL DIST. MORIGAON ASSAM PIN-782412 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., DISPUR, GUWAHATI-781006. ... KAMRUP ASSAM PIN-781102. VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM SOCIAL WELFARE DEPTT. DISPUR GUWAHATI-781006. 2:T....
Contending that the pending bills could not be cleared by the State of Assam due to non-receipt of the share of contribution coming from the Ministry of Jal Shakti, Union of India, Ms. R. ... Deka, the learned counsel for the review petitioners submits that these writ petitions are required to be heard afresh after serving notice upon the Ministry of Jal Shakti. Ms. R. ... Government of Assam will communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority ....
Contending that the pending bills could not be cleared by the State of Assam due to non-receipt of the share of contribution coming from the Ministry of Jal Shakti, Union of India, Ms. R. ... Deka, the learned counsel for the review petitioners submits that these writ petitions are required to be heard afresh after serving notice upon the Ministry of Jal Shakti. Ms. R. ... Deka, the learned counsel appearing on behalf of the review petitioners. 2. ... Government of Assam will communicate the supplementa....
Contending that the pending bills could not be cleared by the State of Assam due to non-receipt of the share of contribution coming from the Ministry of Jal Shakti, Union of India, Ms. R. ... Deka, the learned counsel for the review petitioners submits that these writ petitions are required to be heard afresh after serving notice upon the Ministry of Jal Shakti. Ms. R. ... Deka, the learned counsel appearing on behalf of the review petitioners. 2. ... Government of Assam will communicate the supplementa....
Contending that the pending bills could not be cleared by the State of Assam due to non-receipt of the share of contribution coming from the Ministry of Jal Shakti, Union of India, Ms. R. ... Deka, the learned counsel for the review petitioners submits that these writ petitions are required to be heard afresh after serving notice upon the Ministry of Jal Shakti. Ms. R. ... Deka, the learned counsel appearing on behalf of the review petitioners. 2. ... Government of Assam will communicate the supplementa....
Contending that the pending bills could not be cleared by the State of Assam due to non-receipt of the share of contribution coming from the Ministry of Jal Shakti, Union of India, Ms. R. ... Deka, the learned counsel for the review petitioners submits that these writ petitions are required to be heard afresh after serving notice upon the Ministry of Jal Shakti. Ms. R. ... Deka, the learned counsel appearing on behalf of the review petitioners. 2. ... Government of Assam will communicate the supplementa....
5:DAYA BALA DEKA M/O LATE TARANI KANTA DEKA VILL.- BARGAON P.O.- DORAKOHARA P.S.- KAMALPUR DIST.- KAMRUP ASSAM PIN- 781380. 6:ARIF HUSSAIN S/O AKHTA HUSSAIN VILL.- CHANGSARI P.S.- CHANGSARI DIST.- KAMRUP ASSAM PIN- 781101. ... VERSUS DULUMONI DEKA AND 6 ORS. W/O LATE TARANI KANTA DEKA, VILL.- BARGAON, P.O.- DORAKOHARA, P.S.- KAMALPUR, DIST.- KAMRUP, ASSAM, PIN- 781380. ... 2:JINA DEKA D/O LATE TARANI KANTA DEKA VILL.- BARGAON P.O....
14. Learned senior counsel, Mr, Sahewalla, in support of his submissions, has placed reliance on the following judgments:- ii. UMC Technologies Private Limited –vs- Food Corporation of India and Another reported in (2021) 2 SCC 551. 15. Mr. A. Sarma, learned standing counsel, Oil India Limited, while defending the action of the respondent authorities, submits that the petitioner has unconditionally accepted the appointment letter along with the terms and conditions mentioned therein. The petitioner took part in the recruitment process by submitting Application Form for the said Post as the S....
Secretary, A.P Public Service Commission vs. Y.V.V.R Srinivasulu & Ors., (2003) 5 SCC 341. M.V Thimmaiah & Ors. vs. Union Public Service Commission & Ors., (2008) 2 SCC 119. State of U.P and Anr. vs. Om Prakash & Ors., (2006) 6 SCC 474. Ratul Deka vs. State of Assam & Ors., 2021 (3) GLT 772.
v) Judgment dated 28.11.2019 in Civil Appeal No. 9100/2018 ( APSC & Ors. Vs. Pranjal Kumar Sharma & Ors.); iii) (2011) 12 SCC 85, Bedanga Talukdar Vs. Saifudaullah Khan and Others; iv) 2018 (4) GLT 626, Chandana Deka Vs. State of Assam; vi) (2019) 3 SCC 672, High Court of Hyderabad Vs. P. Murali Mohan Reddy and Others
ii) Arun Deka (DR.) & Ors. Vs. State of Assam & Ors.,2006 3 GLT 107. i) Suneeta Aggarwal Vs. State of Haryana & Ors., (2000) 2 SCC 615.
(State of Assam Vs. S.N. Sen and State of Assam Vs. Kuseswar Saikia). (b) Transfers, promotions and confirmation of such promotions, of persons holding posts in the judicial service, inferior to that of District Judge. (State of Assam Vs. Ranga Mahammad and Chandramouleshwar Vs. Patna High Court.) (d) Recall of District Judges posted on excadre posts or on deputation on administrative posts.
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