Disposed

M/S. Wash Travels v. the State of Assam and 11 Ors.

Gauhati HC8 Dec 2020WP(C)/380/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition filed by a travel agency proprietor against the State and transport authorities. The bench held that a decision by authorities to issue an agent license to one respondent created a fresh cause of action, rendering the current petition infructuous. Leave was granted to file a fresh petition on the new cause.

What did the court decide?

Writ petition disposed of as infructuous; leave granted to file fresh writ petition on new cause of action.

M/S. Wash Travels Vs the State of Assam and 11 Ors. — Service and Employment | Gauhati HC (2020)

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GAHC010010762019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/380/2019

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M/S. WASH TRAVELS (TO BE REP. BY ITS PROPRIETOR) TARIQUEL ISLAM S/O NURUL ISLAM MUKTAR VILL- MOIRABARI TOWN, WARD NO. 3, P.O. MOIRABARI, PIN - 782126, DIST.MORIGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 11 ORS. TO BE REP. BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM, TRANSPORT DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE SECRETARY STATE TRANSPORT AUTHORITY PARIBAHAN BHAWAN JAWAHARNAGAR

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KHANAPARA GUWAHATI-22.

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3:THE DISTRICT TRANSPORT OFFICER

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MORIGAON DIST. MORIGAON ASSAM.

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4:THE DEPUTY COMMISSIONER

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MORIGAON CUM THE DISTRICT MAGISTRATE MORIGAON DIST. MORIGAON

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ASSAM.

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5:THE SUPERINTENDENT OF POLICE

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MORIGAON DIST. MORIGAON ASSAM.

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6:THE BLOCK DEVELOPMENT OFFICER

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MOIRABARI DEVELOPMENT BLOCK DISTRICT MORIGAON ASSAM.

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7:THE OFFICER IN-CHARGE MOIRABARI POLICE STATION

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DIST. MORIGAON ASSAM.

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8:MILI ZULI TRAVELS

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TO BE REP. BY ITS PROPRIETOR NAZRUL ISLAM S/O LATE MONNAS ALI C/O MILIZULI TRAVELS VILL- TATIKATA PATHAR P.O. P.S. MOIRABARI PIN - 782126 DIST. MORIGAON ASSAM. 9:MEHBOOB MUKTAR S/O LATE GIASUDDYN MUKTAR C/O MUKTAR MARKET (TRAVELS) VILL- MOIRABARI P.O. P.S. MOIRABARI PIN - 782126 DIST.MORIGAON ASSAM.

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10:DILWAR HUSSAIN S/O LATE MOBBES ALI C/O AKKAS MARKET VILL- MOIRABARI

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P.O. P.S. MOIRABARI PIN - 782126 DIST.MOIRABARI ASSAM. 11:OLI ULLAH S/O MUFTI MOTLEBUR RAHMAN C/O NEAR GAREHERA JAME MASJID VILL- MOIRABARI P.O. P.S. MOIRABARI PIN - 782126 DIST. MORIGAON ASSAM. 12:MOHY MUKTAR S/O LATE MOHAMMAD ALI MUKTAR VILL- HATIMUTIA P.O. P.S. MOIRABARI PIN - 782126 DIST. MORIGAON ASSAM

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Advocate for the Petitioner : MR A R BHUYAN

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 08-12-2020

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Heard Mr. A.R. Bhuyan, learned counsel for the writ petitioner. Also heard Ms. M.D. Bora, learned standing counsel, Transport Department, Assam who has produced a copy of the written instruction dated 21-11-2020, which goes to show that in terms of the order dated 13-02-2019 passed by this Court in the present proceeding, the authorities have

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taken a decision to issue agent license to the respondent No. 8, i.e. Milijuli Travels.

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I have also heard Mr. P.P. Dutta, learned counsel for the respondent No. 8 and Mr. M.K. Hussain, learned counsel representing respondent No. 9.

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Since a decision has been taken by the authorities to issue agent license to the respondent No. 8, the said decision, in my opinion, would give rise to a fresh cause of action. In that view of the matter, nothing survives for adjudication in this writ petition.

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Therefore, as agreed to by the learned counsel for the parties, this writ petition is hereby disposed of as infructuous by granting leave to the petitioner to file appropriate writ petition on the new cause of action, if so advised.

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Learned departmental counsel to furnish a copy of the decision taken by the authorities to the learned counsel for the petitioner during the course of the day.

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JUDGE

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Comparing Assistant

M/S. Wash Travels v. the State of Assam and 11 Ors.

Case brief

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M/S. Wash Travels v. the State of Assam and 11 Ors.

Case brief

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