Three linked writ appeals concerning a public works/rural road matter were withdrawn by the appellants on instruction. The Gauhati High Court dismissed the appeals as withdrawn without deciding any substantive issue.
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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GAHC010053762023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/129/2023
MD MAHSEN ALI S/O LATE SAMSER ALI, VILL.- RAMPUR, P.O.- RAMPUR, P.S.- RAMPUR, DIST.- NALBARI, ASSAM, PIN- 781312.
VERSUS
S/O LATE SALIM PASA, NALBARI TOWN, WARD NO. 8, P.S. AND P.O. NALBARI, DIST. NALBARI, ASSAM, PIN- 781335.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPTT.
DISPUR, GUWAHATI- 781006.
3:THE CHIEF ENGINEER PUBLIC WORKS (BORDER) ROADS DEPARTMENT CHANDMARI, GUWAHATI- 03.
4:THE CHIEF ENGINEER PUBLIC WORKS ROAD DEPARTMENT CHANDMARI, GUWAHATI- 03, ASSAM.
5:THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS ROAD DEPTT. (PWRD) PLANNING CELL, DISPUR GUWAHATI- 06, ASSAM.
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7:THE UNION OF INDIA
REP. BY THE SECRETARY MINISTRY OF RURAL DEVELOPMENT DEPTT. OF RURAL DEVELOPMENT (RURAL CONNECTIVITY DIVISION) KRISHI BHAWAN, NEW DELHI- 110001
Linked Case : WA/130/2023
M/S SUNRISE ENTERPRISE SIXTH MILE PANJABARI GUWAHATI- 781037 REP. BY IRS PROPRIETOR MAINUL ALI AGED ABOUT 51 YEARS.
VERSUS
MD JIYAUR PASA AND 6 ORS. S/O LATE SALIM PASA NALBARI TOWN, WARD NO. 8 P.S. AND P.O. NALBARI, DIST. NALBARI ASSAM, PIN- 781335.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPTT.
DISPUR, GUWAHATI- 781006.
3:THE CHIEF ENGINEER PUBLIC WORKS (BORDER) ROADS DEPARTMENT CHANDMARI, GUWAHATI- 03.
4:THE CHIEF ENGINEER PUBLIC WORKS ROAD DEPARTMENT CHANDMARI, GUWAHATI- 03, ASSAM.
5:THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS ROAD DEPTT. (PWRD) PLANNING CELL, DISPUR GUWAHATI- 06, ASSAM.
6:NATIONAL RURAL INFRASTRUCTURE DEVELOPMENT AGENCY REP. BY ITS DIRECTOR GENERAL KRISHI BHAWAN NEW DELHI- 110001.
7:THE UNION OF INDIA REP. BY THE SECRETARY MINISTRY OF RURAL DEVELOPMENT DEPTT. OF RURAL DEVELOPMENT (RURAL CONNECTIVITY DIVISION) KRISHI BHAWAN, NEW DELHI- 110001.
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Linked Case : WA/128/2023
M/S SUNRISE ENTERPRISE SIXTH MILE PANJABARI GUWAHATI- 781037 REP. BY IRS PROPRIETOR MAINUL ALI AGED ABOUT 51 YEARS.
VERSUS
MD. JIYAUR PASA AND 6 ORS. S/O LATE SALIM PASA NALBARI TOWN, WARD NO. 8 P.S. AND P.O. NALBARI DIST. NALBARI, ASSAM, PIN- 781335.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPTT. DISPUR, GUWAHATI- 781006.
3:THE CHIEF ENGINEER PUBLIC WORKS (BORDER) ROADS DEPARTMENT CHANDMARI, GUWAHATI- 03.
4:THE CHIEF ENGINEER PUBLIC WORKS ROAD DEPARTMENT CHANDMARI, GUWAHATI- 03, ASSAM.
5:THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS ROAD DEPTT. (PWRD) PLANNING CELL, DISPUR, GUWAHATI- 06, ASSAM.
6:NATIONAL RURAL INFRASTRUCTURE DEVELOPMENT AGENCY REP. BY ITS DIRECTOR GENERAL KRISHI BHAWAN NEW DELHI- 110001.
7:THE UNION OF INDIA REP. BY THE SECRETARY MINISTRY OF RURAL DEVELOPMENT DEPTT. OF RURAL DEVELOPMENT (RURAL CONNECTIVITY DIVISION) KRISHI BHAWAN, NEW DELHI- 110001.
For the Appellant(s) : Ms. S. Dev, Advocate.
For the Respondent(s) :Mr. A.K. Dutta, Central Government Counsel, for respondent Nos.6 & 7.
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– BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SUMAN SHYAM
13.02.2024
(Vijay Bishnoi, CJ)
Ms. S. Dev, learned counsel appearing for the appellants, on instruction, has submitted that she wants to withdraw these writ appeals.
In view of above, the instant writ appeals are dismissed as withdrawn.
JUDGE
CHIEF JUSTICE
Comparing Assistant
MD MAHSEN ALI
M/S SUNRISE ENTERPRISE (Mainul Ali)
MD JIYAUR PASA AND 6 ORS.
THE STATE OF ASSAM
THE CHIEF ENGINEER PUBLIC WORKS (BORDER) ROADS DEPARTMENT
THE UNION OF INDIA
Vijay Bishnoi
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
