The Gauhati High Court dismissed two writ petitions as infructuous. Counsel for the parties submitted that the mode of empanelment had changed to an online process, rendering the petitions untenable.
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.
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GAHC010245712012
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3133/2012
ASHIT BARAN SAHA
S/O LATE NIRANJAN SAHA, C/O MR. KAMAL DEY, SHYAMA PRASAD ROAD, KARIMGANJ-788713, P.O., P.S. and DIST- KARIMGANJ, ASSAM
VERSUS
THE KARIMGANJ DEVELOPMENT AUTHORITY and ORS. REPRESENTED BY ITS CHAIRMAN, P.O., P.S. and DIST- KARIMGANJ, PIN788710, ASSAM
2:THE CHAIRMAN KARIMGANJ DEVELOPMENT AUTHORITYKDA KARIMGANJ P.O. P.S. and DIST KARIMGANJ PIN-788710 ASSAM 3:THE DY. DIRECTOR TOWN and COUNTRY PLANNING OFFICE KARIMGANJ P.O. P.S. and DIST- KARIMGANJ PIN-788710 ASSAM 4:THE UNDER SECRETARY TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GHY-6 DIST- KAMRUPM ASSAM
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5:THE DIRECTOR TOWN and COUNTRY PLANNING DISPUR GHY-6 DIST- KAMRUPM ASSAM 6:THE JT. SECRETARY TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GHY-6 DIST- KAMRUP M ASSAM 7:THE STATE PUBLIC INFORMATION OFFICER SUPER INTENDING ENGINEER O/O THE DIRECTOR TOWN AND COUNTRY PLANNING ASSAM DISPUR GHY-6 DIST- KAMRUPM ASSAM 8:THE STATE OF ASSAM REPRESENTED BY ITS CHIEF SECRETARY TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GHY-6 DIST- KAMRUPM ASSA
Advocate for the Petitioner : MS.J PAUL
Advocate for the Respondent : MR.A GANGULY
Linked Case : WP(C)/4357/2014
ASHIT BARAN SAHA S/O- LT. NIRANJAN SAHA C/O- MR. KAMAL DEY SHYAMA PRASAD ROAD KARIMGANJ
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P.O. P.S. and DIST.- KARIMGANJ PIN- 788713 ASSAM. VERSUS THE KARIMGANJ MUNICIPAL BOARD and 6 ORS. REP. BY ITS CHAIRMAN P.O. P.S. and DIST.- KARIMGANJ ASSAM PIN- 788710. 2:THE CHAIRMAN KARIMGANJ MUNICIPAL BOARD P.O. P.S. and DIST.- KARIMGANJ PIN- 788710 ASSAM. 3:THE DY. DIRECTOR TOWN AND COUNTRY PLANNING OFFICE KARIMGANJ P.O. P.S. and DIST.- KARIMGANJ PIN- 788710 ASSAM. 4:THE DIRECTOR TOWN AND COUNTRY PLANNING DISPUR GHY- 6. 5:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM DISPUR GHY- 6 DIST.- KAMRUP M ASSAM. 6:THE UNDER SECY. TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPTT. DISPUR GHY- 6 DIST.- KAMRUP M ASSAM. 7:THE STATE OF ASSAM REP. BY ITS CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR
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GHY- 6 DIST.- KAMRUP M ASSAM.
-----------Advocate for : MR.P SEN Advocate for : MR.M H RAJBARBHUIYANR- 1 to 3 appearing for THE KARIMGANJ MUNICIPAL BOARD and 6 ORS.
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
18.05.2023
Mr. D. Kalita, learned counsel appearing on behalf of Mr. G.P. Bhowmik, learned senior counsel for the petitioner has submitted that the petitioner is an Architect Engineer and during the pendency of the two writ petitions, the mode of securing empanelment has been changed. At present, an application for empanelment is to be submitted on-line before the Director Municipal of Administration, Assam. Due to the change of mode to on-line for empanelment, the subject-matter of the two writ petitions has become infructuous. Mr. Kalita has therefore, submitted that as the petitioner would file application for empanelment on-line, the two writ petitions may be closed.
Mr. M.H. Rajbarbhuiyan, learned counsel appearing for the respondent Karimganj Development Authority and Karimganj Municipal Board has also submitted in similar lines.
As the learned counsel for the parties have conjointly submitted that the subject-matter of the two writ petitions has become infructuous, the two writ petitions are dismissed as infructuous.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petitions challenging the empanelment process remain maintainable after the mode of application was changed to online.
Ashit Baran Saha
The Karimganj Development Authority and Ors.
The Karimganj Municipal Board and Ors.
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
