Allowed

Sailen Bharali v. the State of Assam and 6 Ors.

Gauhati HC2 Dec 2020WP(C)/4901/2020

Case brief

AI extract

What is this about?

Writ petition allowed on withdrawal by the petitioner subject to a liberty to file a fresh petition ap. URBAN DEVELOPMENT DEPTT. (Respondents 2, 3, 4, 5, 6, 7 represented by the Commissioner and Secretary to the Government of Assam and other municipal authorities in Assam. Court repondents) allowed the writ petition to be withdrawn by the petitioner and directed the application for impleadment to

What did the court decide?

Writ petition allowed on withdrawal with liberty to file afresh; application for impleadment closed.

Sailen Bharali Vs the State of Assam and 6 Ors. — Writ and Judicial Review | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010165592020

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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)/4901/2020

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SAILEN BHARALI

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S/O. LT. DHARANIDHAR BHARALI, R/O. SHANTIPUR, WARD NO.7, P.O. AND P.S. NALBARI, DIST. NALBARI, ASSAM, PIN-781335.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR, GUWAHATI-781006.

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2:THE DY. COMMISSIONER

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NALABRI DISTRICT NALABRI ASSAM PIN-781335.

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3:THE NALABRI MUNICIPAL BOARD

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NALBARI DISTRICT NALBARI ASSAM PIN-781335.

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4:THE CHAIRMAN

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NALBARI MUNICIPAL BOARD NALABRI DIST. NALBARI ASSAM PIN-781335.

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5:THE EXECUTIVE OFFICER

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Page No.# 2/3

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NALBARI MUNICIPAL BOARD NALBARI DIST. NALABRI ASSAM PIN-781335.

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6:THE DY. DIRECTOR

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TOWN AND COUNTRY PLANNING DEPTT. NALABRI ASSAM PIN-781335.

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7:THE TOWN PLANNER

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NALBARI MUNICIPAL BOARD NALBARI ASSAM

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Advocate for the Petitioner : MR. R K TALUKDAR

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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 : 02-12-2020

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Heard Mr. R. K. Talukdar, learned counsel appearing for the writ petitioner. Also heard Ms. D. D. Barman, learned Govt. Advocate, Assam who has obtained instructions in terms of the order dated 19.11.2020 passed by this Court.

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According to the learned Govt. Advocate, the respondent no. 7 had passed a reasoned order on 10.09.2020 itself but on a misconception that the earlier writ petition filed by the writ petitioner is still pending before this Court, no copy of the reasoned order was furnished to him. However, Ms. Barman submits that copy of the reasoned order has been furnished to the petitioner on 21.11.2020.

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Page No.# 3/3

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Mr. Talukdar learned counsel for the petitioner has confirmed the receipt of the reasoned order and seeks leave of this Court to withdraw this writ petition with liberty to file afresh.

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Prayer is allowed.

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This writ petition stands disposed of on withdrawal with liberty as prayed for. In view of the above, the application for impleadment filed by Sri Deepak Kumar Bhattacharjee represented by Mr. A. D. Choudury, learned counsel, has also become infructuous and shall accordingly stand closed.

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JUDGE

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Comparing Assistant

Sailen Bharali v. the State of Assam and 6 Ors.

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Sailen Bharali v. the State of Assam and 6 Ors.

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