The petitioner sought relief under a settlement agreement spanning seven years from 2014 to 2021. The court held that since the settlement period expired in 2021, no live cause of action existed, rendering the petition infructuous and closing it without merits.
Petition closed as infructuous.
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GAHC010031542017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4327/2017
SUNRISE SELF HELP GROUP
PANCHGRAM BALIRBOND, CACHAR, SILCHAR REP. BY ITS SRI ARBESH ALI S/O ABDUL KADIR VILL-PANCHGRAM, PO-`KATIRAIL, PSKATIGORAH, DIST. CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM and 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FISHERY DEPTT., DISPUR, GUWAHATI-6
2:JOINT SECRETARY FISHERY DEPTT. DISPUR GHY-6
3:DEPUTY SECRETARY FISHERY DEPTT. DISPUR GHY-6
4:DIRECTOR OF FISHERIES MEEN BHAWAN GHY-16
5:THE DEPUTY COMMISSIONER CACHAR SILCHAR
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KATIGORAH REVENUE CIRCLE CACHAR SILCHAR
8:TOWHAR ALI S/O LATE WAHID ALI R/O VILL-CHANDINAGAR PART II PO-HARINAGAR PART IV PS-KATIGORAH DIST. CACHAR LESSEE OF NO. 10 BORAK RIVER FISHERY CACHAR SILCHAR PIN-78800
Advocate for the Petitioner : MR.B GOGOI Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
08.08.2022
Shri B. Gogoi, learned counsel for the petitioner submits that the settlement is for 7 years which has started from the year of 2014, he accordingly prays for some time to have instructions as to whether there is a live cause of action of not.
Also heard Ms. S. Sarma, learned State Counsel.
Since the settlement period itself is of 7 years, which had expired in the year of 2021, there cannot be any live cause of action to be adjudicated now. Accordingly, the petition stands closed as infructuous.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a live cause of action exists given the expiration of the seven-year settlement period in 2021
SUNRISE SELF HELP GROUP PANCHGRAM BALIRBOND
THE STATE OF ASSAM
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
