Disposed

The Chief Engineer, Water Resource Deptt. v. Sanjay Kumar Das and 4 Ors.

Gauhati HC6 Aug 2022WA/252/2022

Case brief

AI extract

What is this about?

Intra-Court appeal by the State challenging a Single Judge's consent order regarding a W.P. The Special Bench felt the appellant should approach the Single Judge for modification rather than merit examination. No opinion on merits was expressed.

What did the court decide?

The appeal is disposed of without expressing any opinion on the merits of the case.

The Chief Engineer, Water Resource Deptt. Vs… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010145292022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WA/252/2022

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THE CHIEF ENGINEER, WATER RESOURCE DEPTT. CHANDMARI, GUWAHATI ASSAM 781003

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VERSUS

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SANJAY KUMAR DAS AND 4 ORS. S/O LATE SIBA NATH DAS,

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RESIDENT OF CHANDANPUR, WARD NO. 8. BARPETA ROAD TOWN, PO AND PS BARPETA ROAD, DIST BARPETA, ASSAM

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2:THE STATE OF ASSAM

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REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCE DEPARTMENT

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DISPUR

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GUWAHATI-781006.

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3:THE SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCE DEPARTMENT DISPUR

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GUWAHATI-781006.

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4:THE SUPERINTENDING ENGINEER

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GUWAHATI INVESTIGATION CIRCLE WATER RESOURCE DEPARTMENT CHANDMARI

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GUWAHATI-781003.

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5:THE EXECUTIVE ENGINEER

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LOWER ASSAM INVESTIGATION DIVISION WATER RESOURCE DEPARTMENT BARPETA ROAD ASSA

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Advocate for the Petitioner : MR. N GOSWAMI

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Page No.# 2/2

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Advocate for the Respondent : MR B D DAS

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BEFORE

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HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 06.08.2022

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(R.M. Chhaya, CJ.)

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Heard Mr. B. Goswami, learned Additional Advocate General, Assam, appearing for the appellant. Also heard Mr. B.D. Das, learned senior counsel, assisted by Mr. D. Kalita, learned counsel, appearing for the respondent No.1/ writ petitioner.

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Being aggrieved and dissatisfied by one of the directions issued by the learned Single Judge vide order dated 24.06.2022 passed in WP(C) No.1151/2022, the State and its authorities have preferred this intra Court appeal.

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Having heard the learned counsels appearing for the respective parties, this Court is of the opinion that instead of examining the issue on merits, it would be appropriate for the appellant, who is the respondent No.3 before the learned Single Judge, to approach the learned Single Judge for appropriate modification, more particularly, as can be read and seen from the impugned order that the said orders is a consent order.

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Without expressing any opinion on merits of this case, the appeal is disposed of.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

The Chief Engineer, Water Resource Deptt. v. Sanjay Kumar Das and 4 Ors.

Case brief

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The Chief Engineer, Water Resource Deptt. v. Sanjay Kumar Das and 4 Ors.

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