Petitioner challenged a final notice later withdrawn with leave granted to seek compensation. Court closed the petition granting leave for appropriate remedy under law.
Writ petition closed granting leave to petitioner to avail appropriate remedy for redressal of grievance.
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.
Page No.# 1/2
GAHC010043602019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1383/2019
JOYMONI BASUMATARY W/O LATE PRONOY BASUMATARY R/O NO. 1 SAPKHATI, WARD NO. 5, DIST. UDALGURI (BTAD), PIN - 784509, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI -781006
2:THE COMMISSIONER OF EXCISE
ASSAM HOUSEFED COMPLEX
DISPUR GUWAHATI - 781006.
3:THE ADDL. COMMISSIONER OF EXCISE
ASSAM HOUSEFED COMPLEX DISPUR GUWHATI- 781006.
4:THE SUPERINTENDENT OF EXCISE
GOVT. OF ASSAM DIST. DARRANG MANGALDOI
Page No.# 2/2
5:THE DEPUTY COMMISSIONER
DIST. DARRANG MANGALDOI ASSA
Advocate for the Petitioner : MR. S BORTHAKUR
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 06/11/2023
Mr. V. Rajkhowa, learned counsel for the petitioner submits that during the pendency of this writ petition, the impugned final notice dated 03/01/2019 issued by the department has been withdrawn in terms of the order dated 09/06/2023 passed by this Court in the present proceeding and to that extent, the basic grievance of the petitioner has been redressed. Mr. Rajkhowa, however, submits that due to the delay on the part of the respondents to redress the grievance of the petitioner leading to heavy financial implications, his client would be entitled to seek compensation from the State by filing appropriate proceeding.
Mr. R.R. Gogoi, learned departmental counsel has confirmed that the notice dated 03/01/2019 has been withdrawn but submits that relief in the form of damages and compensation cannot be granted in a writ petition on the grounds urged by the petitioner.
After taking note of the submission of learned counsel for both the sides and as agreed to by the petitioner’s counsel, this writ petition stands closed by granting leave to the petitioner to avail appropriate remedy, as may be available under the law, for Redressal of her grievance, if any, in the matter.
JUDGE
sukhamay
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to compensation for delay in redressing grievance after withdrawal of the impugned notice.
Whether the writ petition is maintainable for seeking compensation for financial implications caused by departmental delay.
Joymoni Basumatary w/o Late Pronoy Basumatary
The State of Assam
The Commissioner and Secretary to the Govt. of Assam, Excise Department
The Commissioner of Excise, Assam
The Addl. Commissioner of Excise, Assam
The Superintendent of Excise, Govt. of Assam Dist. Darrang
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
