The Gauhati High Court was satisfied by the submissions of the State counsel that a Final Report has been submitted in the connected criminal matter. Consequently, the court closed the writ petition alleging inaction, reserving the liberty to the petitioner to approach appropriate remedies.
The writ petition is closed/reserved.
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GAHC010011852014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3265/2014
SMTI SABITRI PATOWARY
SRI JOGESWAR PATOWARI, HOUSE NO. 52, VILL.- FATASIL AMBARI, SWAHID KUMUD GOGOI PATH, GHY- 25, P.S.- FATASIL AMBARI, DIST.KAMRUP M, ASSAM.
VERSUS
STATE OF ASSAM and 6 ORS,
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GHY- 6.
2:DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY- 7.
3:SENIOR SUPERINTENDENT OF POLICE KAMRUP GUWAHATI.
4:THE OFFICER-IN-CHARGE GARCHUK POLICE STATION GUWAHATI ASSAM.
5:GUNESWAR RAJBANGSHI S/O- LT. SATARA RAJBANGSHI R/O- PUBBORAGAON P.S.- GARCHUK DIST.- KAMRUP M ASSAM.
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6:MAYUR TALUKDAR @ MANTU TALUKDAR S/O- LT. NAREN TALUKDAR R/O- KARBI PATH GEETANAGAR GUWAHATI DIST.- KAMRUP M ASSAM.
7:BANAJIT GOSWAMI S/O- SRI L N GOSWAMI R/O- FATASIL AMBARI NRIPEN BORA PATHA RANGPATHAR GHY- 25 P.S.- FATASIL AMBARI DIST.- KAMRUP M ASSAM
Advocate for the Petitioner : MS.B D DAS
Advocate for the Respondent : MS.S KALITAR-6 and 7
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
08.11.2023
Heard Mr. R.C. Saikia, learned counsel for the petitioner and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 1 – 4.
The writ petition was preferred alleging inaction on behalf of the State respondents in taking action against the respondent nos. 5 – 7 in connection with Gorchuk Police Station Case no. 16/2014, registered under Section 447, Indian Penal Code [IPC] r/w Section 5[C] & 5[D] of the Assam Land Grabbing [Prohibition] Act, 2010 and the Assam Land Grabbing [Prohibition] Rules, 2013.
By referring to a communication bearing memo no. V/HC-75/{WP(C) No. 326514}/2018/9215 dated 09.11.2018 of the Deputy Commissioner of Police [Crime], Guwahati, placed on record by the learned State counsel, Mr. Saikia, learned counsel for the petitioner
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has submitted that in connection with Gorchuk Police Station Case no. 16/2014, a Final Report being Gorchuk Police Station Final Report no. 191 dated 29.04.2017 has been submitted. He has further submitted that in view of submission of the Final Report, the petitioner will take necessary steps for appropriate relief under the provisions of the Code of Criminal Procedure, 1973. With such submission, Mr. Saikia, has submitted that the writ petition can be closed, reserving the liberty to avail the appropriate remedy by the petitioner under the law.
In view of the above submission made by Mr. Saikia, learned counsel for the petitioner, the writ petition is closed, reserving the liberty to the petitioner to take appropriate steps available to the petitioner under the law.
JUDGE
Comparing Assistant
Smti Sabitri Patowary
State of Assam
Manish Choudhury
As recorded by the court registry
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