This Court dismissed the writ petition for non-prosecution as the petitioner failed to appear on consecutive dates. The judgment directed the petitioner to approach the Civil Court if aggrieved by the final order denying her residence status for an Anganwadi Centre.
Writ petition dismissed for non-prosecution; Interim order vacated.
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GAHC010134642018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4171/2018
MITALI PHUKAN CHUTIA
W/O- SRI NABA KUMAR CHUTIA, R/O- VILL- KHEREMIA GAON, P.OTINGRAI CHARIALI, DIST- DIBRUGARH, ASSAM, PIN- 786103
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, SOCIAL WELFARE DEPTT, DISPUR, GUWAHATI- 781006
2:THE DIRECTOR DIRECTORATE OF SOCIAL WELFARE AND PROBATION UZANBAZAR GHY- 781001
3:THE DEPUTY COMMISSIONER DIBRUGARH DIST- DIBRUGARH ASSAM
4:THE DISTRICT SOCIAL WELFARE DIBRUGHAT ASSAM
5:THE CHILD DEVELOPMENT PROJECT OFFICER TENGAKHAT ICDS PROJECT P.O- TENGAKHAT DIST- DIBRUGARH ASSAM
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R/O- VILL- KHEREMIA P.O- TINGRAI CHARIALI P.S- DULIAJAN DIST- DIBRUGARH ASSAM PIN- 78610
Advocate for the Petitioner : MR. B CHETIA
Advocate for the Respondent : GA, ASSAM
BEFORE
HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
17-03-2022
No one appears for the petitioner on call.
Ms. M. D. Borah, learned counsel appears for the State respondent Nos. 1 to 5 and Mr. R. Sarma, learned counsel appears for the respondent No. 6.
The affidavits-in-opposition have been filed by the State respondents as well as by the private respondent No. 6.
The petitioner’s case is with regard to whether the respondent No. 6 is a resident of the area covered by Dihing Erahuti No. 1 Anganwadi Centre.
The case of the respondent No. 6 is to the effect that the petitioner herself is not a resident of the area covered by the said Anganwadi Centre, while the respondent No. 6 is a resident of the said area.
This Court, vide order dated 10.11.2016 passed in WP(C) No. 4119/2015 with WP(C) No. 549/2015 with Cont. Case(C) No. 487/2015, had passed a consent order, whereby the Director of Social Welfare was to take a decision with regard to the issue raised herein, after giving opportunity of hearing to the petitioner and the respondent No. 6, prior to coming to a decision as to whether the private parties herein were residents of the area covered by the said Anganwadi Center.
Thereafter, in pursuance to the order dated 10.11.2016 passed in WP(C) No. 4119/2015 with WP(C) No. 549/2015 with Cont. Case(C) No. 487/2015, the Director of Social Welfare passed an order
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on 21.04.2018 stating that the petitioner herein was not a resident of Village-Dihing Erahuti where the Dihing Erahuti No. 1 Anganwadi Centre is situated.
The above facts clearly go to show that the enquiry conducted on the basis of an order passed by this Court has found that the petitioner is not a resident of the area covered by the concerned Anganwadi Centre.
In that view of the matter, this Court is of the view that the only recourse left to the petitioner is to approach the Civil Court, if she is aggrieved with the order dated 21.04.2018 passed by the Director.
However, in view of the fact that the petitioner is not represented continuously for two consecutive dates, this writ petition is dismissed for non-prosecution.
Interim order stands vacated.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the writ petition should be allowed despite non-appearance of the petitioner on consecutive dates.
Whether the petitioner should approach the Civil Court regarding the denial of residence in the Anganwadi Centre area.
Whether the writ petition stands dismissed for non-prosecution.
MITALI PHUKAN CHUTIA
THE STATE OF ASSAM
PARINITA CHETIA @ PARNITA CHETIA CHUTIA
MICHAEL ZOTHANKHUMA
As recorded by the court registry
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