During hearing, petitioner's counsel withdrew the writ petition due to missing departmental orders, requesting liberty to refile.
Writ dismissed on withdrawal with liberty to refile after removing defects.
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.# 1/3
GAHC010072482023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2012/2023
NURUL ISLAM AND 8 ORS. S/O LT. ABDUL MAZID, R/O VILL-KUKURMARA PART III, P.S.MANCACHAR, DIST-SOUTH SALMARA, MANCACHAR, ASSAM, PIN-783131
2: ACHYUT KUMAR NATH S/O LT. SONA RAM NATH R/O VILL-MANGALDOI RAJA PAM WARD NO. 09 P.S.-MANGALDOI DIST-DARRANG MANKACHAR ASSAM PIN-784125
3: SMT. SUBHADRA BANIA S/O LT. MOHAT CH. BANIA R/O VILL-PITHA KHAWA P.S.-SIPAJHAR DIST-DARRANG MONGALDOI MANCACHAR ASSAM PIN-784145
4: DIPAK BHUYAN S/O LT. GHANA KANTA BHUYAN R/O VILL-SATH GHARIA P.S.-SIPAJHAR DIST-MONGOLDAI DARRANG ASSAM PIN-784145
Page No.# 2/3
S/O LT. DHANESWAR BORAH R/O VILL-POHUKATA P.S.-SAMAGURI DIST-NOGAON PIN-782140
6: ABDUL BATEN KHANDAKAR S/O LT. MONTAZ ALI KHANDAKAR R/O VILL-BHURAKATA P.S.-MANKACHOR DIST-SOUTH SALMARA MANKACHAR PIN-783131
7: MONTU BORAH S/O LT. PRABINDRA BORAH R/O VILL-GODHARIA GAON P.S.-SADAR NOGAON DIST-NOGOAN PIN-782141
8: KHUSMAHAMMOD ALI S/O LT. KHABIR ALI R/O VILL-DHAMDHAMA P.S.-GHAGRAPAR DIST-NALABRI PIN-781349
9: SMT. GITA DUTTA D/O LT. GOPAL DUTTA R/O VILL-DHANIRAM PATHAR DIST-HOJAI PIN-78243
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-78100
Advocate for the Petitioner : MR. D P CHALIHA
Advocate for the Respondent : GA, ASSAM
Page No.# 3/3
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
10.04.2023
Heard Mr. D. P. Chaliha, the learned senior counsel assisted by Ms. M. Roy, the learned counsel for the petitioners and Mr. D. Borah, the learned counsel appearing on behalf of the respondent No.1 as well as Mr. R. Borpujari, the learned counsel appearing on behalf of the respondent No.2.
The learned senior counsel appearing on behalf of the petitioners submits that taking into account the matter involved, it would be necessary to arraign the Irrigation Department as well as the respective offices in which the petitioners have been rendering services as party to the instant proceedings. He further submits that the appointment orders/reengagement orders and as to the superannuation orders, if any, are also required to be brought on record. It is under such circumstances, the learned senior counsel for the petitioners submits that he would like to withdraw the instant writ petition with a liberty to refile afresh.
Taking into account the submission made by the learned senior counsel for the petitioners, the matter stands dismissed on withdrawal. However, liberty is given to the petitioners to refile the same by removing those formal defects as mentioned by the learned senior counsel for the petitioners.
JUDGE
Comparing Assistant
Nurul Islam and 8 Ors.
The State of Assam
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
