Disposed

Chandana Medhi v. the State of Assam and 5 Ors.

Gauhati HC12 Aug 2022WP(C)/3454/2022

Case brief

AI extract

What is this about?

The petitioner challenged the refusal of an Economically Weaker Section (EWS) certificate. The Court disposed of the petition directing the authority to issue the certificate upon the petitioner furnishing missing documents within two weeks. The matter was agreed upon by parties.

What did the court decide?

The writ petitioner directed to produce all documents within two weeks; application to be processed and finalized within two weeks thereafter.

Chandana Medhi Vs the State of Assam and 5 Ors. — Service and Employment | Gauhati HC (2022)

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GAHC010099892022

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

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Case No. : WP(C)/3454/2022

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CHANDANA MEDHI

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D/O- MILAN MEDHI, RESIDENT OF VILL- TEGHERIYATTARI, POMUKALMUA, DIST- NALBARI, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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TO BE REPRESENTED BY THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT OF ASSAM, DISPUR, GHY-06.

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2:THE DEPUTY COMMISSIONER NALBARI DIST- NALBARI ASSAM.

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3:THE CIRCLE OFFICER BARKHETRI REVENUE CIRCLE MUKALMUA DIST- NALBARI ASSAM.

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4:THE SUPERINTENDENT OF POLICE NALBARI DIST- NALBARI ASSAM.

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5:THE OFFICER-IN-CHARGE OF MUKALMUA POLICE STATION MUKALMUA DIST- NALBARI ASSAM.

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6:NAYAN DEKA

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LAT MANDAL OFFICE OF THE BARKHETRI REVENUE CIRCLE DIST- NALBARI ASSAM. C/O- CIRCLE OFFICER BARKHETRI REVENUE CIRCLE PO- BARKHETRI DIST- NALBARI PIN- 781126

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Advocate for the Petitioner : MR A R BHUYAN

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Advocate for the Respondent : SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 12/08/2022

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Heard Mr. A.R. Bhuyan, learned counsel for the writ petitioner. Also heard Mr. R. Talukdar, learned Government Advocate, Assam, appearing for the respondent Nos. 2 to 5 and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, Assam, appears on behalf of the respondent no. 1. None has appeared for the respondent no. 6.

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The writ petitioner herein claims to be a person belong to the un-privileged and economically weaker section of the Society. On 28/05/2021, she had submitted an application before the respondent no. 3 for obtaining “Economically Weaker Section (EWS)” Certificate, so as to enable her to avail the benefits under various Government Schemes. However, when a report was called for from the respondent no. 6, who is the Lat Mandal of the concerned Revenue circle, he had allegedly made an illegal demand, as a result of which, the petitioner had lodged an FIR before the Mukalmua Police Station.

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The primary grievance of the petitioner is that the respondents have failed to issue her the EWS certificate without any valid reason.

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On the basis of the written instruction obtained by Mr. Talukdar dated 26/07/2022, it is

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submitted by the learned Government Advocate that the concerned authority is not adverse to issuing the EWS certificate to the writ petitioner provided, all the documents, including the records which were taken away by her, is produced before the authority at the earliest.

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Although Mr. Bhuyan, learned counsel for the petitioner has denied the assertion that his client had taken away the file from the office but he submits that the petitioner would submit all necessary documents before the respondent no. 3 for processing her application for issuance of EWS certificate.

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If that be so, nothing further survives for adjudication in this writ petition.

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Taking note of the submission of learned counsel for the parties a well as the written

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instruction obtained by the learned Government Advocate, Assam and also as agreed to by them, I dispose of the writ petition by providing that within two weeks from today, the writ petitioner would produce all documents, as called for, by the respondent no. 3.

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Upon furnishing of such documents, the application for issuance of EWS submitted by the petitioner be process, in accordance with law and the matter be finalized within two weeks thereafter. The respondent no. 3 to take necessary steps for compliance of this order.

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Copy of the written instruction be retained on record.

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With the above observation, the writ petition stands disposed of.

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JUDGE

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sukhamay

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Comparing Assistant

Chandana Medhi v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Chandana Medhi v. the State of Assam and 5 Ors.

Case brief

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