The Gauhati High Court dismissed the writ petition filed by the petitioner for non-prosecution due to the absence of counsel on multiple listing dates. The court also recalled the interim protection previously granted to the petitioner.
Writ petition dismissed for non-prosecution; interim protection recalled.
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GAHC010053932017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7468/2017
1:JALIKA BIBI
W/O ABDUL KHELIQUE R/O VILL and P.S. JIRIHGAT DIST. CACHAR, ASSAM
VERSUS
1:THE UNION OF INDIA and 3 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI-1.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6.
3:THE DEPUTY COMMISSIONER CACHAR P.O. and DIST. CACHAR ASSAM PIN - 788001.
4:THE SUPERINTENDENT OF POLICE BORDER CACHAR DIST. CACHAR ASSAM PIN - 788001
Advocate for the Petitioner : MRS.R RONGMEI
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN HONOURABLE MR. JUSTICE AJIT BORTHAKUR
O R D E R
14.11.2019
( Manojit Bhuyan, J )
None for the petitioner appears on call.
Ms. G. Hazarika, learned counsel representing respondent no.1. Mr. J. Payeng, learned counsel represents respondent nos.2, 3 and 4. Ms. A. Verma, learned counsel appears for the NRC.
Notice in the case was issued on 04.12.2017 and interim protection of bail was also granted to the petitioner. Case records called for have also been received. On the last occasion i.e. 07.11.2019 when the matter was listed for consideration, there was none to represent the petitioner. In such a situation we had made it clear that if the state of affairs continues and there is no representation on the next date, this Court would be constrained to dismiss the writ petition for non-prosecution. Unfortunately, even today there is no representation, as observed above.
Under these circumstances we dismiss the writ petition for non-prosecution. Interim protection granted on 04.12.2017 stand recalled.
JUDGE JUDGE
Comparing Assistant
JALIKA BIBI W/O ABDUL KHELIQUE
THE UNION OF INDIA
THE STATE OF ASSAM
THE DEPUTY COMMISSIONER CACHAR
THE SUPERINTENDENT OF POLICE BORDER
Manojit Bhuyan
Ajit Borthakur
As recorded by the court registry
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