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The State of Assam Vs Pradip Rajbongshi and 7 Ors. — Gauhati HC (2024) — LawSathi Research

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Gauhati HC
2024
The State of Assam Vs Pradip Rajbongshi and 7 Ors.The State of Assam v. Pradip Rajbongshi and 7 Ors.

Allowed¶¶36

The State of Assam v. Pradip Rajbongshi and 7 Ors.

Gauhati HC13 Nov 2024Review.Pet./117/2024

Case brief

AI extract

What is this about?

Review Petition 117/2024, Gauhati High Court, decided 14.11.2024 by Justice Nelson Sailo. Review petitioner: State of Assam (Revenue and Disaster Management Department), counsel Mr. S Dutta. Respondents: Pradip Rajbongshi and 7 others (Water Resources, Finance, Nalbari district officers). Subject: review and recall of Order dated 24.05.2024 in linked writ petition WP(C) No. 5982/2022 (Pradip Rajbangshi v. State of Assam & 7 Ors.); affidavit-in-opposition of respondent No. 7 on admission/non-admission of bill towards outstanding amount due to writ petitioner. Result: error found, order dated 24.05.2024 recalled, writ petition restored to file for fresh consideration, review petition disposed of.

What did the court decide?

Recall of the Order dated 24.05.2024 passed in WP(C) No. 5982/2022 and restoration of the writ petition to file for consideration on a date to be fixed by the Registry; the Review Petition accordingly stands disposed of.

Why is it important?

Upon perusal of the order of this Court dated 24.05.2024 and the affidavit-in-opposition filed by respondent No. 7, this Court finds that an error has occurred and the same requires rectification. ¶¶36

What the court decided

AI extract

Outcome

Recall of the Order dated 24.05.2024 passed in WP(C) No. 5982/2022 and restoration of the writ petition to file for consideration on a date to be fixed by the Registry; the Review Petition accordingly stands disposed of.

Issue for consideration

Whether the Order dated 24.05.2024 passed in WP(C) No. 5982/2022 contains an error requiring rectification, warranting its recall and restoration of the writ petition to file.

Court's answer

Upon perusal of the order of this Court dated 24.05.2024 and the affidavit-in-opposition filed by respondent No. 7, this Court finds that an error has occurred and the same requires rectification.

Ratio / Principle

The Order dated 24.05.2024 is hereby recalled; the writ petition (WP(C) No. 5982/2022) shall be restored to file and listed for consideration on a date to be fixed by the Registry.

Detailed headnote1 paragraphs

Gauhati High Court, Review.Pet./117/2024 (Hon'ble Mr. Justice Nelson Sailo), order dated 14.11.2024: The State of Assam (through the Principal Secretary, Revenue and Disaster Management Department), as review petitioner, sought review of the Order dated 24.05.2024 passed in WP(C) No. 5982/2022 (Pradip Rajbangshi v. State of Assam & 7 Ors.). Counsel relied on the affidavit-in-opposition of respondent No. 7 (paragraph 7 thereof) to urge that the deponent had not admitted receipt of any bill towards the outstanding amount due to the writ petitioner, although the Court's order had recorded the amount as admitted by respondent No. 7. On perusal of the order and the affidavit, the Court found that an error had occurred requiring rectification; it accordingly recalled the Order dated 24.05.2024, restored the writ petition to file for listing on a date to be fixed by the Registry, and disposed of the review petition.

A

Page No.# 1/5

GAHC010126992024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Review.Pet./117/2024

THE STATE OF ASSAM

REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI- 781006.

VERSUS

PRADIP RAJBONGSHI AND 7 ORS.

S/O- LATE CHAKRADHAR RAJBONGSHI, R/O- HOUSE NO. 21, BYELANE-2, LATAKATA, P.O. AND P.S.- BASISTHA, GUWAHATI- 781029, DIST.KAMRUP(M), ASSAM.

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCES DEPTT. DISPUR- GUWAHATI- 06.

3:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT DISPUR GUWAHATI- 781006.

4:THE DEPUTY COMMISSIONER NALBARI PIN- 781335.

5:THE DISTRICT DEVELOPMENT COMMISSIONER INSPECTING OFFICER DIST.- NALBARI 781335.

6:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT CHANDMARI

Page No.# 2/5

GUWAHATI- 781003.

7:THE SUPERINTENDING ENGINEER WATER RESOURCES CIRCLE NALBARI ASSAM 781335. 8:THE EXECUTIVE ENGINEER NALBARI WATER RESOURCES DIVISION NALBARI ASSAM- 781335

Advocate for the Petitioner : MR. S DUTTA,

Advocate for the Respondent : ,

Linked Case : WP(C)/5982/2022

PRADIP RAJBANGSHI S/O- LATE CHAKRADHAR RAJBANGSHI

R/O- HOUSE NO. 21 BYELANE-2 LATAKATA P.O. AND P.S.- BASISTHA GUWAHATI- 781029 DIST.- KAMRUP(M) ASSAM. VERSUS

THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCE DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE CHIEF ENGINEER

Page No.# 3/5

WATER RESOURCE DEPARTMENT

CHANDMARI GUWAHATI- 781003 DISTRICT- KAMRUP(M) ASSAM. 3:THE SUPERINTENDING ENGINEER WATER RESOURCES CIRCLE NALBARI CIRCLE ASSAM- 781335. 4:THE EXECUTIVE ENGINEER NALBARI WATER RESOURCES DIVISION NALBARI ASSAM- 781335.

5:THE DISTRICT DEVELOPMENT COMMISSIONER INSPECTING OFFICER DISTRICT- NALBARI- 781335

6:THE DEPUTY COMMISSIONER NALBARI DISTRICT- NALBARI- 781335 7:THE REVENUE DEPTT. THROUGH THE DISTRICT COMMISSIONER DIST- NALBARI ASSAM- 781335.

8:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY ASSAM-781006. -----------Advocate for : MR. B D KONWAR SR. ADV. Advocate for : SC WATER RESOURCE appearing for THE STATE OF ASSAM AND 7 ORS.

Page No.# 4/5

B E F O R E

HON’BLE MR. JUSTICE NELSON SAILO ORDER

14.11.2024

Heard Mr. S Dutta, learned counsel for the review petitioner, who submits that by filing this review petition, the petitioner seeks review of the Order dated 24.05.2024 passed in WP(C) No. 5982/2022. Referring to the affidavit-inopposition filed by the respondent No. 7, more particularly at paragraph No. 7, the learned counsel submits that the deponent had not admitted about the receipt of any bill from the respondent authority towards the outstanding amount due to the writ petitioner, despite that Court has recorded that the amount has been admitted by the respondent No. 7.

Upon perusal of the order of this Court dated 24.05.2024 and the affidavit-in-opposition filed by the respondent No. 7, this Court finds that an

error has occurred and therefore, the same requires rectification. Accordingly, the Order dated 24.05.2024 is hereby recalled. The writ petition shall be restored to file and be listed for consideration on a date to be fixed by the Registry.

Page No.# 5/5

The Review Petition accordingly stands disposed of.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Order dated 24.05.2024 passed in WP(C) No. 5982/2022 contains an error requiring rectification, warranting its recall and restoration of the writ petition to file.¶¶36
The court held
Upon perusal of the order of this Court dated 24.05.2024 and the affidavit-in-opposition filed by respondent No. 7, this Court finds that an error has occurred and the same requires rectification.ratio¶¶36

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 24.05.2024 passed in WP(C) No. 5982/2022, which the review petitioner sought to have reviewed and recalled.¶¶34
Gauhati High Court (this Court) · 24.05.2024
Prior proceeding
Linked writ petition WP(C)/5982/2022 (Pradip Rajbangshi v. The State of Assam and 7 Ors.) identified in the case header.¶¶20
Prior proceeding
In the linked case, Mr. B D Konwar, Sr. Advocate, and SC (Water Resource) were shown as advocates, the latter expressly appearing for the State of Assam and 7 Ors.¶¶29
Prior proceeding
Counsel for the review petitioner referred to the affidavit-in-opposition filed by respondent No. 7, particularly paragraph No. 7 thereof.¶¶34
Prior proceeding
Per counsel, the affidavit showed that the deponent had not admitted receipt of any bill from the respondent authority towards the outstanding amount due to the writ petitioner.¶¶34
Prior proceeding
Per counsel, notwithstanding the above, the Court had recorded in the order dated 24.05.2024 that the amount had been admitted by respondent No. 7.¶¶34

Parties & counsel

AI extract

petitioner
THE STATE OF ASSAM (REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI- 781006)¶¶5
MR. S DUTTA
respondent
PRADIP RAJBONGSHI¶¶8
respondent
THE SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCES DEPTT.¶¶10
respondent
THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT¶¶11
respondent
THE DEPUTY COMMISSIONER NALBARI¶¶12
respondent
THE DISTRICT DEVELOPMENT COMMISSIONER INSPECTING OFFICER DIST.- NALBARI¶¶13
respondent
THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT CHANDMARI¶¶14
respondent
THE SUPERINTENDING ENGINEER WATER RESOURCES CIRCLE NALBARI¶¶17
respondent
THE EXECUTIVE ENGINEER NALBARI WATER RESOURCES DIVISION¶¶17

Coram

AI extract

Nelson Sailoauthor¶¶32

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 13 Nov 2024 · November
Registered: 9 Jul 2024
Case no.: Review.Pet./117/2024
CNR: GAHC010126992024
Bench: Nelson Sailo
Disposal: Disposed Of
Case type: Review.Pet.

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Cite this judgement

The State of Assam v. Pradip Rajbongshi and 7 Ors., Review.Pet./117/2024 (GAU), decided on 13 November 2024.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history6

Order dated 24.05.2024 passed in WP(C) No. 5982/2022, which the review petitioner sought to have reviewed and recalled.Gauhati High Court (this Court) · 24.05.2024
Linked writ petition WP(C)/5982/2022 (Pradip Rajbangshi v. The State of Assam and 7 Ors.) identified in the case header.
In the linked case, Mr. B D Konwar, Sr. Advocate, and SC (Water Resource) were shown as advocates, the latter expressly appearing for the State of Assam and 7 Ors.

View full history

Bench / Coram

Nelson Sailo

Parties & counsel