The Gauhati High Court disposed of the writ petition challenging experience certificates granted to a private respondent. Subsequent instructions to cancel the cancelled certificates rendered the petition infructuous, leading to its dismissal.
Writ petition disposed of as infructuous; interim order if any, vacated.
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.
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GAHC010029622021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1075/2021
JITESH CHANDRA BHAKAT AND ANR S/O LATE TARINI KANTA BHAKAT, R/O VILL. KAIMARI PT-VI, P.O. KAIMARI, P.S. GOLAK GANJ, DHUBRI 783335, DIST. DHUBRI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GUWAHATI 781006
2:THE DIST. DEVELOPMENT COMMISSIONER
OFFICE OF THE DEPUTY COMMISSIONER DHUBRI DIST. DHUBRI ASSAM PIN 783301
3:THE CIRCLE OFFICER
AGOMANI REVENUE CIRCLE AGOMANI DIST. DHUBRI PIN 783335
4:THE DIRECTOR OF INLAND WATER TRANSPORT
ASSAM ULUBARI G.S. ROAD GUWAHATI 781007 DIST. KAMRUP (M)
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ASSAM.
5:BIDUR CHANDRA RAY S/O LATE SATISH CHANDRA RAY R/O VILL. KAIMARI PT-VII P.O. KAIMARI P.S. GOLAKGAJ DIST. DHUBRI ASSAM PIN 78333
Advocate for the Petitioner : MR. S KATAKI
Advocate for the Respondent : GA, ASSAM
BEFORE
THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
order
08.03.2021
Heard Mr. S Kataki, learned counsel for the petitioners. Ms. K Phukan, learned State counsel has received the necessary instruction in the form of parawise comment alongwith an order dated 15.02.2021 whereby on the basis of the enquiry report of the Circle Officer, Agomani Revenue Circle Officer, Agomani Revenue Circle, the letter issued vide No. DDG.13/2010/Pt./214 dated 11.07.2019 and subsequent corrigendum issued vide No. DDG.13/2010/Pt/216 dated 23.07.2019 were cancelled. The grievance of the petitioner is that the certificate dated 11.07.2019 issued by the District Development Commissioner, Dhubri in favour of the private respondent No. 5 and the corrigendum dated 23.07.2019 issued by the District Development Commissioner, Dhubri are invalid as the same were based on wrong informations. The contents of the certificate dated 11.07.2019 and the corrigendum dated 23.07.2019 are extracted hereinbelow:
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“GOVT OF ASSAM
OFFICE OF THE DEPUTY COMMISSIONER OF DHUBRI DISTRICT
(DEVELOPMENT BRANCH)
No. DDG.13/2010/Pt/215 dated Dhubri the 11/07/ 2019
EXPERIENCE CERTIFICATE
This is to certify that Sri Bidu Ch. Ray, S/o of Satish Ch. Ray inhabitant of Vill-Kaimari part-VII, P.O. Kaimari, PS Golakganj, Dist- Dhubri (Assam) has gathered more than 2 years experience in operating Ferry Service with good conduct as per report of IWT Deptt. Dhubri dated 08.07.2019.
District Development Commissioner,
Dhubri.”
GOVT OF ASSAM
OFFICE OF THE DEPUTY COMMISSIONER, DHUBRI DISTRICT::DHUBRI
(TRANSFORMATION & DEVELOPMENT BRANCH)
03662-2300050 (O)/ 230030®/ 232760 (F)
No. DDG.13/2010/Pt/216 dated Dhubri the 23 July, 2019
CORRIGENDUM
In supersession of this office experience certificate issued vide No. DDG.13/2010/Pt/215 dated 11.07.2019, please read ‘This is to certify that Sri Bidur Ch. Ray, S/O Satish Ch. Ray inhabitant of Vill-Kaimari Pt- VII, P.O. Kaimari, P.S. Golokganj, Dist.- Dhubri (Assam) has gathered few years experience’ as per report of C.O. Agomani Rev. Circle, Agomani dated 08.07.2019 istead of report of IWT Department, Dhubri dated 08.07.2019.
District Dev. Commissioner,
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Dhubri.”
The aforesaid certificates read with the corrigendum were issued on the information given to the issuing authority by the Circle Officer, Agomani Revenue Circle. Thereafter the said Circle Officer informed that the instructions obtained by him while sending it to the District Development Commissioner, Dhubri were based on wrong information given to him by the concerned Latmandal under the said Revenue Circle . The same was intimated vide letter dated 06.02.2021 by the Circle Officer, Agomani Revenue Circle addressed to the Deputy Commissioner (Transformation and Development Branch), Dhubri. On the basis of the said letter dated 06.02.2021 the District Development Commissioner, Dhubri vide order dated 15.02.2021 cancelled the aforesaid experience certificate along with the corrigendum.
In view of the aforesaid written instruction referred hereinabove, this writ petition stands disposed of. The instruction obtained by Ms. Phukan is kept on record. Ms. MD Bora, learned standing counsel for the respondent No. 4 also received the instruction in respect of the tender wherein the respondent No. 5 participated. But as the certificate issued to the respondent No. 5 was cancelled the writ petition has become infructuous.
Accordingly, this writ petition stands disposed of. Interim order if any also stands vacated.
JUDGE
Comparing Assistant
Jitesh Chandra Bhakat and Anr.
The State of Assam (1st Respondent)
Bidur Chandra Ray
District Development Commissioner, Dhubri
Circular Officer, Agomani
Director of Inland Water Transport
Prasanta Kumar Deka
As recorded by the court registry
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