Gauhati High Court Weekly Round-Up: December 15 - December 21, 2025

Nominal Index [Citations: 2025 LiveLaw (Gau) 71-76]All India Railway Passengers User Facilities Federation v. The Union of India & Anr. 2025 LiveLaw (Gau) 71Rohit Choudhury v. The State of Assam & 10 Ors. 2025 LiveLaw (Gau) 72Md. Ohiduz Zaman vs. State of Assam & Ors. 2025 LiveLaw (Gau) 73Pritam Sovasaria v. The Union of India and Ors. 2025 LiveLaw (Gau) 74Patanjali Foods Limited v. The State of Assam and Ors. 2025 LiveLaw (Gau) 75Khurshida Ahmed v. Enuish Ali & Ors. 2025 LiveLaw (Gau) 76Judgments/ Orders This WeekCan't Interfere In Policy: Gauhati High Court Rejects PIL Claiming Non-Implementation Of 'Kavachh' System By Railways, Lack Of AmenitiesCase Title: All India Railway Passengers User Facilities Federation v. The Union of India & Anr.LL Citation: 2025 LiveLaw (Gau) 71The Gauhati High Court recently dismissed a PIL which alleged that Railways have failed to maintain punctuality, safety standards, amenities and service quality on the ground that the grievances in the petition were more in the nature of general policy suggestions and not legally enforceable rights.The division bench comprising the Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed, “At the outset, we note that the petition is bereft of any concrete material particulars or data. Except for bald statements and general assertions, the writ petition does not refer to any specific incident of derailment/accident, identified safety lapse, particularly in any stretch of track, or any statutory violation which would justify exercise of this Court's extra-ordinary jurisdiction.”Gauhati High Court Directs Assam Govt To Enforce Prohibitory Orders To Control Illegal Fishing In Kaziranga National ParkCase Title: Rohit Choudhury v. The State of Assam & 10 Ors.LL Citation: 2025 LiveLaw (Gau) 72The Gauhati High Court recently directed the Assam Government to enforce prohibitory orders to control illegal fishing in the water bodies in Kaziranga National Park.The division bench comprising the Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury was hearing a PIL seeking urgent judicial intervention to curb large-scale fishing in the water bodies of Kaziranga National Park and Tiger Reserve in Assam.Gauhati High Court Grants Relief To Lecturer Denied UGC Pay Scale, Says Minimum Qualification Was Not Mandatory When He Was RegularizedCase Title: Md. Ohiduz Zaman vs. State of Assam & Ors.LL Citation: 2025 LiveLaw (Gau) 73The Gauhati High Court recently granted relief to a retired college lecturer who was denied UGC pay scale holding that the benefit cannot be denied as possession of M.Phil, NET, SLET, or Ph.D qualification was not mandatory on the date of the lecturer's regularization. The ruling was delivered by Justice Robin Phukan, who observed, “Since possession of M. Phil/NET/SLET/Ph.D. qualification was not a mandatory requirement on 12.11.1993, i.e. the date of regularization of service of the petitioner, then depriving the petitioner of the benefit of the UGC scale of pay from the date of his regularization, i.e. 12.11.1993, imposing the conditions that the petitioner– (a) will have to obtain M. Phil or Ph. D. degree within 8(eight) years from the date of approval of his appointment; and (b) will not be eligible to draw senior scale of pay/Grade of pay until fulfills the conditions laid down in the letter, to the considered opinion of this Court, is illegal and arbitrary and on such count, the same warrants interference of this court.”Cryptic Show Cause Notice Without Factual Details Invalidates GST Registration Cancellation: Gauhati High CourtCase Title: Pritam Sovasaria v. The Union of India and Ors.LL Citation: 2025 LiveLaw (Gau) 74The Gauhati High Court held that a GST registration cannot be cancelled on the basis of a cryptic show cause notice, which merely quotes statutory provisions without disclosing the factual grounds.Justice Sanjay Kumar Medhi noted that apart from stating the provisions of Section 29(2)(e) of the CGST Act, there are no facts or any details stated in the show cause notice.Clause 8 Of Assam GST Reimbursement Scheme Prima Facie Ultra Vires: Gauhati High Court Stays SCN Against Patanjali FoodsCase Title: Patanjali Foods Limited v. The State of Assam and Ors.LL Citation: 2025 LiveLaw (Gau) 75The Gauhati High Court found that Clause 8 of the Assam Industries [Tax Reimbursement for Eligible Units] Scheme, 2017, which restricts input tax credit, runs contrary to the Constitutional framework and the provisions of the CGST Act. Consequently, the bench stayed the operation of the show-cause notices (SCN) issued to Patanjali Foods Limited.Justice Manish Choudhury was addressing a case in which Patanjali Foods Limited, the assessee, challenged the constitutional validity of Clause 8 of the Assam Industries [Tax Reimbursement for Eligible Units] Scheme, 2017.'No Ownership Right': Gauhati High Court Upholds Refund Of Earnest Money To Third-Party Who Was Sold Vehicle During Subsistence Of LoanCase Title:...

Gauhati High Court Weekly Round-Up: December 15 - December 21, 2025

Bhavya Singh

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