The court disposed of the writ petition as it ceased to survive for further consideration following written instructions from the respondent to refrain from initiating recovery action, rendering the prayer moot.
The writ petition stands disposed of.
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.
Page No.# 1/3
GAHC010162962020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4829/2020
MD. HAFAZUDDIN AHMED
S/O- LT. JALALUDDIN AHMED, R/O- H.NO. 109 DEKA BARBARUA ALI DUI ALI MAZ PATHAR, P.O. SIVASAGAR, P.S. SIVASAGAR, DIST.- SIVASAGAR, ASSAM, PIN- 785640
VERSUS
THE STATE OF ASSAM AND 5 ORS REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, FINANCE DEPTT., DISPUR, GHY-06
2:THE SR. ACCOUNTS OFFICER O/O THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GHY-29 3:THE DY. COMMISSIONER OF SIVASAGAR DISTRICT SIVASAGAR P.O. SIVASAGAR P.S. SIVASAGAR DIST.- SIVASAGAR PIN- 785640
4:THE ADDL. DY. COMMISSIONER (REVENUE) SIVASAGAR P.O. SIVASAGAR P.S. SIVASAGAR DIST.- SIVASAGAR PIN- 785640
Page No.# 2/3
5:THE CIRCLE OFFICER DEMOW REVENUE CIRCLE DEMOW P.O. DEMOW P.S. DEMOW DIST.- SIVASAGAR ASSAM PIN- 785662 6:THE TREASURY OFFICER SIVASAGAR P.O. SIVASAGAR P.S. SIVASAGAR DIST.- SIVASAGAR PIN- 78564
Advocate for the Petitioner : MR. A R SHOME
Advocate for the Respondent : GA, ASSAM
:: BEFORE ::
HON’BLE MR. JUSTICE MANOJIT BHUYAN
O R D E R
07.12.2020
Heard Mr. A.R. Shome, learned counsel for the petitioner as well as Mr. B. Gogoi, learned counsel representing the respondent nos.1 and 6. Mr. C. Baruah, learned counsel appears for respondent no.2, whereas Mr. D. Nath, learned counsel appears for respondent nos.3, 4 and 5.
Having regard to the earlier order of this Court dated 19.11.2020 and the written instructions produced by Mr. Baruah, this writ petition does not survive for further consideration.
Prayer made in the writ petition is for a direction to the respondents as to why the amount sought to be recovered from the petitioner in terms of the order dated 16.09.2020
Page No.# 3/3
(Annexure-12) should not be set aside. Ground assigned is that the said order cannot stand scrutiny in law in view of a restrain order of this Court dated 06.03.2020 passed in WP(C)/1754/2020, which was instituted by the same petitioner.
Mr. Baruah has obtained instructions to say that recovery indicated in the impugned order dated 16.09.2020 has come in by way of an inadvertence and to overcome the same, necessary instructions have already been issued to the Treasury Officer, Sivasagar, to refrain from initiating any action for recovery.
The said written instructions, so received from the Sr. Accounts Officer, Office of the Accountant General (A&E), Assam vide letter dated 1st December, 2020, is retained as part of the records.
In view of the above, the writ petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition survives for further consideration in light of written instructions received from the Sr. Accounts Officer to refrain from initiating recovery action.
3 provisions across 3 enactments
MD. HAFAZUDDIN AHMED
THE STATE OF ASSAM
THE SR. ACCOUNTS OFFICER O/O THE ACCOUNTANT GENERAL (A AND E) ASSAM
THE DY. COMMISSIONER OF SIVASAGAR DISTRICT
THE TREASURY OFFICER SIVASAGAR
MANOJIT BHUYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
