The Gauhati High Court dismissed a writ petition for want of an amended petition, as the petitioner failed to file the document despite prior directions and adjournments. Liberty was granted to file a fresh application later.
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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GAHC010229522016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2069/2016
SMT. POONAM DEB
W/O LT. KANTI DEB A RESIDENT OF LALA TOWN, P.O. and P.S. LALA DIST. HAILAKANDI, ASSAM, PIN - 788163.
VERSUS
THE STATE OF ASSAM AND 3 ORS
TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI-06.
2:COMMISSIONER OF EXCISE
ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6.
3:DEPUTY COMMISSIONER
CACHAR SILCHAR PIN - 788001
4:THE SUPERINTENDENT OF EXCISE
CACHAR SILCHAR PIN - 788015
Advocate for the Petitioner : MR.N H MAZARBHUYAN
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 08-11-2021
Heard the learned counsel for the petitioner.
2. This petition is filed with the following prayer:-
“Under the circumstances it is humbly prayed that you would be pleased to admit this petition, call for records, issue rule calling upon the respondents to show causes, if any, as to why, a writ in the nature of mandamus or any other writ, order or direction shall not be issued commanding the respondents to supply a copy of the required proforma of application for appointment on compassionate ground to the petitioner and collect the same from her and place her application before the District Level Committee of Cachar District for consideration of her appointment on compassionate ground as a Constable under the Excise Department of the Govt. of Assam within the time to be fixed by your lordships and after hearing the parties and on perusal of records make the rule absolute and pass other order or orders as your lordships may deem fit and proper.”
“Petitioner has filed this writ petition seeking the following relief:
Under the circumstances it is humbly prayed that you would be pleased to admit this petition, call for records, issue rule calling upon the respondents to show cause, if any, as to why a writ in the nature of mandamus or any other writ, order or direction shall not be issued commanding the respondents to supply a copy of the required proforma of application for appointment on compassionate ground to the petitioner and collect the same from her and place her application before the District Level Committee of Cachar District for consideration of her appointment on compassionate ground as a Constable under the Excise Department of the Govt. of Assam within the time to be fixed by your lordships and after hearing the parties and on perusal of records make the rule absolute and pass other order or orders as your lordships may deem fit and proper.
Prima facie, relief sought for do not merit indulgence of the Court. Learned counsel for the petitioner is granted two weeks time to take necessary steps for
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amendment of the prayer portion.
List thereafter.”
Such prayer cannot be allowed at this stage.
No order as to costs.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner can be granted extension of time to file an amended writ petition being heaped.
Smt. Poonam Deb
The State of Assam
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
