Petitioners withdrew writ petitions seeking redressal of grievances against the State of Assam, relying on government assurance. Court dismissed petitions on withdrawal, granted liberty, and vacated interim order.
Petitions dismissed on withdrawal; liberty granted. Interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010052572018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1810/2018
1:HAILAKANDI DISTRICT CONTRACTOR WELFARE ASSOCIATION AND 2 ORS.
HAILAKANDI, REP. BY ITS SECRETARY (SAKIR AHMED LASKAR, AGED ABOUT 44 YEARS), P.O, P.S AND DIST- HAILAKANDI, ASSAM
2: SAKIR AHMED LASKAR
S/O- LATE MUJIBUR RAHMAN LASKAR R/O- HAILAKANDI TOWN WARD NO.4 P.O
P.S AND DIST- HAILAKANDI ASSAM
3: SHAMS UDDIN BARLASKAR S/O- LATE SORAFAT ALI BARLASKAR R/O- HAILAKANDI TOWN WARD NO. 12 P.O P.S AND DIST- HAILAKANDI ASSA
VERSUS
1:THE STATE OF ASSAM AND 19 ORS.
TO BE REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT,, DISPUR, GUWAHATI-06
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3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT JURIPAR GUWAHATI 4:THE CHIEF ENGINEER PWD (BUILDING) ASSAM CHANDMARI GUWAHATI-3 5:THE DEPUTY COMMISSIONER HAILAKANDI P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 788151 6:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD CUM PROJECT DIRECTOR HAILAKANDI P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 788151 7:THE SUPERINTENDING ENGINEER PWD SILCHAR BUILDING CIRCLE SILCHAR P.O AND P.S- SILCHAR DIST- CACHAR ASSAM PIN- 788001 8:THE PROJECT DIRECTOR DRDA HAILAKANDI P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 788151
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9:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION HAILAKANDI P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 788151 10:THE DISTRICT DEVELOPMENT COMMISSIONER HAILAKANDI P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 788151 11:THE PUBLIC INFORMATION OFFICER AND ASSISTANT EXECUTIVE ENGINEER (T/C) OFFICE OF THE SUPERINTENDING ENGINEER PWD SILCHAR BUILDING CIRCLE SILCHAR P.O P.S SILCHAR DIST- CACHAR ASSAM PIN- 788001 12:THE MsDP EMPOWERED COMMITTEE REP. BY ITS CHAIRMAN CUM SECRETARY MIN OF MINORITY AFFAIRS TO THE GOVT OF INDIA 11TH FLOOR PT DEENDAYAL ANTYODAYA BHAWAN CGO COMPLEX LODHI ROAD NEW DELHI- 110003 13:THE STATE LEVEL COMMITTEE (FOR MsDP) REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GUWAHATI ASSAM
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14:THE DISTRICT LEVEL COMMITTEE (FOR MsDP) REP. BY THE DEPUTY COMMISSIONER HAILAKANDI P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 788151 15:THE HAILAKANDI BLOCK LEVEL COMMITTEE (FOR MsDP) REP. BY THE BLOCK DEVELOPMENT OFFICER HAILAKANDI DEVELOPMENT BLOCK P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 788151 16:THE KATLICHERRA BLOCK LEVEL COMMITTEE (FOR MsDP) REP. BY THE BLOCK DEVELOPMENT OFFICER KATLICHERRA DEVELOPMENT BLOCK P.O P.S KATLICHERRA DIST- HAILAKANDI ASSAM PIN- 788151 17:THE LALA BLOCK LEVEL COMMITTEE (FOR MsDP) REP. BY THE BLOCK DEVELOPMENT OFFICER LALA DEVELOPMENT BLOCK P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 788151 18:THE SOUTH HAILAKANDI BLOCK LEVEL COMMITTEE (FOR MsDP) REP. BY THE BLOCK DEVELOPMENT OFFICER SOUTH HAILAKANDI DEVELOPMENT BLOCK P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 788151
19:THE ALGAPUR BLOCK LEVEL COMMITTEE (FOR MsDP)
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REP. BY THE BLOCK DEVELOPMENT OFFICER ALGAPUR DEVELOPMENT BLOCK P.O P.S ALGAPUR DIST- HAILAKANDI ASSAM PIN- 788151 20:THE MONITORING COMMITTEE (FOR MsDP) REP. BY THE DISTRICT DEVELOPMENT COMMISSIONER HAILAKANDI P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 78815
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : GA, ASSAM
WP(C) 5977/2018
1:HAILAKANDI DISTRICT CONTRACTOR WELFARE ASSOCIATION AND 2 ORS. HAILAKANDI REP. BY ITS SECRETARY (SAKIR AHMED LASKAR ) P.O. P.S. AND DIST. HAILAKANDI ASSAM. 2: SAKIR AHMED LASKAR S/O. LT. MUJIBUR RAHMAN LASKAR R/O. HAILAKANDI TOWN W/NO.4 P.O. P.S. AND DIST. HAILAKANDI ASSAM.
3: SHAMS UDDIN BARLASKAR
S/O. LT. SORAFOT ALI BARLASKAR
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R/O. HAILAKANDI TOWN W/NO. 12 P.O. P.S. AND DIST. HAILAKANDI ASSAM. VERSUS 1:THE STATE OF ASSAM AND 20 ORS. TO BE REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEV. DEPTT. DISPUR GHY.-06. 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM P.W.D. DISPUR GUWAHATI-06. 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR GUWAHATI. 4:THE CHIEF ENGINEER P.W.D. (BUILDING) ASSAM CHANDMARI GUWAHATI-03. 5:THE DY. COMMISSIONER HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM-788151. 6:THE EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD CUM PROJECT DIRECTOR HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM-788151. 7:THE SUPERINTENDING ENGINEER PWD SILCHAR BUILDING CIRCLE SILCHAR P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM-788001. 8:THE PROJECT DIRECTOR DRDA HAILAKANDI
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P.O. P.S. AND DIST. HAILAKANDI ASSAM.-788151. 9:THE EXECUTIVE ENGINEER P.W.D. BUILDING DIVISION HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM.-788151. 10:THE DISTRICT DEVELOPMENT COMMISSIONER HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM.-788151 11:THE PUBLIC INFORMATION OFFICER AND ASSTT. EXECUTIVE ENGINEER (T/C) OFFICE OF THE SUPERINTENDING ENGINEER PWD SILCHAR BUILDING CIRCLE SILCHAR P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM-788001. 12:THE MSDP EMPOWERED COMMITTEE REP. BY ITS CHAIRMAN CUM SECRETARY MINISTRY OF MINORITY AFFAIRS TO THE GOVT. OF INDIA 11TH FLOOR PT. DEENDAYAL ANTYODAYA BHAWAN CGO COMPLEX LODHI ROAD NEW DELHI-110003. 13:THE STATE LEVEL COMMITTEE (FOR MSDP) REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI ASSAM. 14:THE DISTRICT LEVEL COMMITTEE (FOR MSDP) REP. BY THE DY. COMMISSIONER HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI
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ASSAM.-788151. 15:THE HAILAKANDI BLOCK LEVEL COMMITTEE (FOR MSDP) REP. BY THE BLOCK DEVELOPMENT OFFICER HAILAKANDI DEVELOPMENT OFFICER HAILAKANDI DEVELOPMENT BLOCK P.O. P.S. AND DIST. HAILAKANDI ASSAM.-788151. 16:THE KATLICHERRA BLOCK LEVEL COMMITTEE (FOR MSDP) REP. BY THE BLOCK DEVELOPMENT OFFICER KATLICHERRA DEVELOPMENT BLOCK P.O. P.S. KATLICHERRA DIST. HAILAKANDI ASSAM-788151. 17:THE LALA BLOCK LEVEL COMMITTEE (FOR MSDP) REP. BY THE BLOCK DEVELOPMENT OFFICER LALA DEVELOPMENT BLOCK P.O. P.S. LALA DIST. HAILAKANDI ASSAM-788151. 18:THE SOUTH HAILAKANDI BLOCK LEVEL COMMITTEE (FOR MSDP) REP. BY THE BLOCK DEVELOPMENT OFFICER SOUTH HAILAKANDI DEVELOPMENT BLOCK P.O. P.S. AND DIST. HAILAKANDI ASSAM.-788151. 19:THE ALGAPUR BLOCK LEVEL COMMITTEE (FOR MSDP) REP. BY THE BLOCK DEVELOPMENT OFFICER ALGAPUR DEVELOPMENT BLOCK P.O. AND P.S. ALGAPUR DIST. HAILAKANDI ASSAM-788151. 20:THE MONITORING COMMITTEE (FOR MSDP WORKS) REP. BY THE DIST. DEVELOPMENT COMMISSIONER HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM.-788151. 21:THE DIST. LEVEL COMMITTEE
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REP. BY THE DY. COMMISSIONER HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM.-788151.
Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : GA ASSAM
BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 08-01-2019
Heard Mr. FA Laskar, learned counsel for the petitioners and Mr. SR Baruah, learned Government Advocate, Assam.
Mr. Laskar submits that respondents have assured petitioners that their grievances would be redressed. In view of such assurance, petitioners would not like to press these writ petitions. However, he submits that in case grievance of the petitioners subsists, liberty may be granted to approach the Court again.
Writ petitions are dismissed on withdrawal with liberty as prayed for.
Interim order passed earlier also stands vacated.
Interlocutory application stands disposed of.
JUDGE
Biplab
Comparing Assistant
Hailakandi District Contractor Welfare Association
The State of Assam
Ujjal Bhuyan
As recorded by the court registry
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