The Guahati High Court dismissed an interlocutory application filed to vacation an interim order upon the respondent's withdrawal, reserving liberty to the applicant to file afresh.
The interlocutory application I.A.(C) no. 2052/2021 stands dismissed on withdrawal, reserving liberty to the applicant to file afresh.
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GAHC010202522021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2052/2021
SRI PABITRA BORO,
WARD NO. 3, TANGLA, PO AND PS TANGLA, DIST UDALGURI, ASSAM 784521
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS ROADS DEPARTMENT, DISPUR GUWAHATI 06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS) CHANDMARI GUWAHATI 03 KAMRUP M ASSAM
3:THE SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT KOKRAJHAR (R AND B) CIRCLE KOKRAJHAR
4:THE EXECUTIVE ENGINEER
PUBLIC WORKS ROADS DEPARTMENT UDALGURI (R AND B) DIVISION
5:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY ITS PRINCIPAL SECRETARY BTAD KOKRAJHAR
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6:SRI BHABA DEV MAHANTA
S/O-LT. RAGHU RAM MAHANTA RESIDENT OF FASHIA NO. 1 VILLAGE HARISINGA PO HARISINGA PS PANERI DIST UDALGURI (BTR) 78457
Advocate for the Petitioner : MR. D K MISHRA
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
02.12.2021
Ms. P. Chakraborty, learned counsel has submitted that she has entered appearance for the respondent no. 6 in the writ petition on 29.11.2021. She has further submitted that the interlocutory application, I.A.(C) no. 2052/2021 has been filed on behalf of the respondent no. 6 as the applicant seeking vacation of the interim order. Today, she has submitted that the respondent no. 6 – applicant desires to withdraw the said interlocutory application, with the liberty to file afresh.
Mr. A. Boro, learned counsel appearing for the petitioner has no objection to the submission regarding withdrawal, made by Ms. Chakraborty.
In view of the above submission made by the learned counsel for the parties regarding withdrawal, the interlocutory application, I.A.(C) no. 2052/2021 stands dismissed on withdrawal, reserving the liberty to the applicant therein to file afresh, if so advised.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to allow withdrawal of an interlocutory application to vacation an interim order.
Pabitra Boro
State of Assam
Bhaha Dev Mahanta
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
