Dismissed
Ghanshyam Nath and 9 Ors. v. the State of Assam and 2 Ors.
Gauhati HCWP(C)/3269/2022
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GAHC010089192022 THE GAUHATI HIGH COURT…
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GAHC010089192022 THE GAUHATI HIGH COURT…
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GAHC010089192022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3269/2022
GHANSHYAM NATH AND 9 ORS.
S/O- LATE KAMALA KANTA NATH, R/O- VILL.- KATHKOTIA GAON, P.O.DHEKIAL, DISTRICT- GOLAGHAT, ASSAM.
2: NARENDRA NATH SAIKIA S/O- LATE TANKESWAR SAIKIA R/O- VILL.- SARU KACHARI GAON P.O.- SALIKIHAT DISTRICT- GOLAGHAT ASSAM.
3: SURENDRA NATH SAIKIA S/O- LATE REBA KANTA SAIKIA R/O- VILL. GOWAL GAON P.O. SALIKIHAT DISTRICT- GOLAGHAT ASSAM.
4: BIPIN GOGOI S/O- LATE GANGA RAM GOGOI R/O-VILL.- TARFAT GAON P.S.-GOLAGHAT DISTRICT- GOLAGHAT ASSAM. 5: DEBAJYOTI TAMULY S/O-LATE BADAN CH. TAMULY R/O-VILL.- GOHAIN GAON P.O.- KAMAR BONDHA ALI DISTRICT- GOLAGHAT ASSAM.
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R/O- VILL.- CHUTIA GAON P.O.- BOKOLIA DISTRICT- GOLAGHAT ASSAM.
7: SUNTIRAM BORAH S/O- LATE DEHESWAR BORAH R/O-VILL.- HABIAL GAON P.O. GANAKPHUKHURI DISTRICT- GOLAGHAT ASSAM.
8: GUNAKANTA SAIKIA S/O- LATE DHANESWAR SAIKIA R/O-VILL.- CABARU GAON P.O. KACHARIHAT DISTRICT- GOLAGHAT ASSAM.
9: TULARAM SAIKIA S/O- LATE DEPAI SAIKIA R/O-VILL.-DHEKIAL P.O. DHEKIAL DISTRICT- GOLAGHAT ASSAM. 10: MOHEN SAIKIA S/O-DHANESWAR SAIKIA R/O-VILL.- HALOWA GAON P.O- DHEKIAL DISTRICT- GOLAGHAT ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND D.M. DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006, ASSAM.
2:THE DEPUTY COMMISSIONER GOLAGHAT DISTRICT ASSAM. 3:THE DEPUTY COMMISSIOER JORHAT DISTRICT ASSAM
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Advocate for the Petitioner : MS. P BORAH
Advocate for the Respondent : SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
18-10-2023
None appears for the petitioner on call.
The Revenue Department is however represented by its Standing Counsel, Shri S. Dutta whereas the State respondents are represented by Shri D. Borah, the learned State Counsel.
Shri Dutta, the learned counsel for the Department has submitted that the subject matter of challenge in this writ petition is a notification dated 26.08.2021 issued by the Department. However, the said notification was the subject matter of Writ Appeal No. 396/2022 which has been disposed of vide order dated 03.03.2023 by which the order of the learned Single Judge which had upheld the validity of the notification has been affirmed. It is accordingly submitted that in terms of the said pronouncement, the present petition can be closed.
Though the petitioners are not represented, this Court has examined that it is the same notification dated 26.08.2021 which was the subject matter before the Hon’ble Division Bench the validity of which has been upheld.
In view of the above, following the order passed by the Hon’ble Division Bench on 03.03.2023 in WA No. 396/2022, the instant writ petition is dismissed.
JUDGE
Comparing Assistant
Colour shows how this judgement treated each authority
Writ Appeal No. 396/2022Referred¶28
Ghanshyam Nath and 9 Ors.
The State of Assam
Commissioner
Secretary to the Govt. of Assam
Sanjay Kumar Medhi
As recorded by the court registry
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