Petitioners sought leave to withdraw their writ petition challenging a select list after appointments were made, retaining liberty to challenge those appointments. The Court granted leave and sidelined liberty.
Withdrawal of the writ petition allowed with liberty to challenge the appointments made.
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GAHC010108052016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1548/2016
PRASANTA DAS and 3 ORS Address:S/O SHRI DALIM CHANDRA DAS R/O RANGPURHATI P.O. P.S. and DIST- BARPETA ASSAM PIN-781301 2: CHAMPAK DAS Address:S/O LT. ADHAR CHANDRA DAS R/O SUNDORIDIA P.O. P.S. and DIST- BARPETA PIN-781301 ASSAM
3: BHRIGU DAS Address:S/O LT. HAREN DAS R/O BILORTARIHATI W/NO.1 P.O. P.S.and DIST- BARPETA PIN-781301 ASSAM 4: RUPAMJIT KAKATI Address:S/O SRI HIRANJIT KAKATI R/O KAKATIHATI W/NO.10 P.O. P.S.and DIST- BARPETA PIN-781301 ASSAM
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5: HIMANGSHU DAS Address:S/O LALMOHAN DAS R/O VILL. and P.O. PATBAUSHI PS.and DIST- BARPETA ASSAM PIN-781314 VERSUS THE STATE OF ASSAM AND 2 ORS Address:REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM DEPTT. OF FOREST AND ENVIRONMENT DISPUR GHY-6 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST Address:DEPTT. OF FOREST REHABARI GHY-8 3:THE CHIEF CONSERVATOR OF FOREST HEAD QUARTER Address:DEPTT. OF FOREST REHABARI GHY-8 -----------Advocate for : MR.R DASGUPTA Advocate for : appearing for THE STATE OF ASSAM AND 2 ORS: Advocate , , appearing for 2, 3, respectively.
BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN
ORDER
03.12.2020
Heard Ms. G. Deka, learned counsel for the petitioners as well as Mr. R.R. Gogoi, learned counsel representing all the respondents.
It is stated by Mr. Gogoi that the writ petition have lost its force, inasmuch as, the Select List which is impugned have already been acted upon and appointments have also been made way back on 26.02.2016, thus creating third party rights.
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On the above, Ms. Deka seeks leave to withdraw this writ petition from file with liberty to challenge the appointments so made.
Leave and liberty as prayed for, is granted.
The writ petition stands dismissed on withdrawal.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether leave to withdraw a writ petition challenging a select list with liberty to challenge subsequent appointments can be granted.
Prasanta Das and 3 Ors
The State of Assam and 2 Ors
Manojit Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
