Court allowed an interlocutory application seeking leave to withdraw a writ petition to pursue a pending civil suit. The writ petition and associated IA were disposed of on withdrawal.
Leave granted to withdraw the writ petition to pursue the civil suit; writ petition disposed of on withdrawal.
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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GAHC010073012022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1178/2022
THE DIRECTOR INLAND WATER TRANSPORT, ASSAM INLAND WATER TRANSPORT, ASSAM, ULUBARI, GUWAHATI-07.
VERSUS
RULI AHMED - R/O. NAMSIM HOUSING COMPLEX, NILOMANI PHUKAN PATH, CHRISTIAN BASTI, GUWAHATI-781005.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM TRANSPORT DEPTT. DISPUR GUWAHATI-06.
3:THE SECRETARY TO THE GOVT. OF ASSAM
TRANSPORT DEPTT. DISPUR GUWAHATI-06
Advocate for the Petitioner : MS. M D BORAH
Advocate for the Respondent : MR. H. TALUKDAR
Linked Case : WP(C)/1943/2021
RULI AHMED
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R/O. NAMSIM HOUSING COMPLEX NILOMANI PHUKAN PATH CHRISTIAN BASTI GUWAHATI-781005.
VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM TRANSPORT DEPTT. DISPUR GUWAHATI-06.
2:THE SECRETARY TO THE GOVT. OF ASSAM
TRANSPORT DEPTT. DISPUR GUWAHATI-06. 3:THE DIRECTOR
INLAND WATER TRANSPORT ASSAM ULUBARI GUWAHATI-07. -----------Advocate for : MR. K N CHOUDHURY Advocate for : SC IWT appearing for THE STATE OF ASSAM AND 2 ORS.
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 20/06/2022
Mr. B.D. Deka, learned counsel for the writ petitioner submits that a Civil Suit in the form of Title
Suit No. 356/2022 instituted by his client is pending before the learned trial Court and, therefore, the
petitioner be granted leave to withdraw the writ petition to pursue the proceeding before the Civil Court.
Ms. M.D. Borah, learned Standing Counsel, IWT, Assam, submits that in that event, the IA filed
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by the Director, IWT, be disposed of.
Prayer allowed.
The writ petition stands disposed of on withdrawal as prayed for. Consequently, the IA(C)
1178/2022 also stand closed.
JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether leave to withdraw the writ petition to pursue proceedings in a concurrent civil suit should be granted.
Ruli Ahmed
State of Assam
Director Inland Water Transport, Assam
Suman Shyam
Sukhamay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
