Petitioner requested withdrawal of writ petition due to rejection of claim by authorities during pendency. Court accepted withdrawal and granted liberty to re-file against the impugned order.
Instant writ petition closed on withdrawal without prejudice.
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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GAHC010028602019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/966/2019
SEKENDAR ALI
S/O- LT CHAYTULLA, VILL- DAMDAMA PATHAR, P.O. RAMPUR, P.S. MUKALMUA, DIST- NALBARI, ASSAM, PIN- 781312, PRESENTLY RESIDING AT VILL AND P.O. KEKAN KUCHI, P.S. MUKALMUA, DIST- NALBARI, ASSAM, PIN- 781138
VERSUS
THE UNION OF INDIA AND 6 ORS.
MINISTRY OF HOME AFFAIRS (DISASTER MANAGEMENT DIVISION) TO BE REP. BY ITS SECY., C WING, 3RD FLOOR, NDCC-II, JAI SINGH ROAD, NEW DELHI- 110001
2:THE STATE OF ASSAM REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY-6
3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. (GENERAL) DISPUR GHY-6
4:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6
5:THE DY. COMMISSIONER NALBARI P.O. AND P.S. NALBARI
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DIST- NALBARI ASSAM PIN- 781335 6:THE OFFICER-IN-CHARGE MUKALMUA P.S. P.O. AND P.S. MUKALMUA DIST- NALBARI ASSAM PIN- 781126 7:THE CIRCLE OFFICER BARKHETRI REVENUE CIRCLE P.O. AND P.S. MUKALMUA DIST-NALBARI ASSAM PIN- 78112
For the petitioner(s) : Mr. W. Rahman, Advocate. For the respondent(s) : Ms. P.R. Mahanta, Advocate.
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
O R D E R
11.09.2023
1 . The learned counsel for the Petitioner submits that during the pendency of the instant writ petition, the claim of the Petitioner have been rejected by the Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department, vide an order dated 24.04.2019. He submits therefore that the said order requires to be challenged. Under such circumstances, the learned counsel for the Petitioner submits that he would like to withdraw the instant writ petition with a liberty to re-file by challenging the order dated 24.04.2019.
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2. Taking into account the above submission, the instant writ petition stands closed on withdrawal. However, liberty is granted to the Petitioner to re-file by challenging the order dated 24.04.2019.
JUDGE
Comparing Assistant
SEKENDAR ALI
THE UNION OF INDIA
MINISTRY OF HOME AFFAIRS
THE STATE OF ASSAM
THE COMM. AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT
THE DY. COMMISSIONER NALBARI
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
