The Gauhati High Court closed a writ petition filed by Pranjit Chaliha on withdrawal. The court clarified that the withdrawal does not bar the petitioner from pursuing other permissible remedies.
The writ petition is closed on withdrawal, subject to the proviso that other remedies may be pursued.
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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GAHC010067952023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1984/2023
PRANJIT CHALIHA
S/O- LATE PRABHAT CHALIHA ALIAS CHANDRA CHALIHA, R/OSIVASAGAR TOWN, P.O. AND P.S. SIVASAGAR, DIST.- SIVASAGAR, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, MUNICIPAL ADMINISTRATION, JANATA BHAWAN, DISPUR, GHY, DIST.- KAMRUP (M), ASSAM, PIN- 781006
2:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM GUWAHATI- 781006
3:THE CHAIRMAN SIVASAGAR MUNICIPAL BOARD SIVASAGAR ASSAM PIN- 78569
Advocate for the petitioner(s): Mr. R Sarma
Advocate for the respondent(s): Mr. PP Dutta
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For respondent No.3
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER
09.09.2024
Mr. R Sarma, the learned counsel appearing on behalf of the petitioner submits that he has instruction not to press the instant writ petition, taking into account that this Court would not be the appropriate Forum. He, however, submits that withdrawal of the instant writ petition should not preclude the petitioner to avail other remedies.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition should be closed on withdrawal without a fresh cause of action being raised.
PRANJIT CHALIHA
THE STATE OF ASSAM
THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM
THE CHAIRMAN SIVASAGAR MUNICIPAL BOARD SIVASAGAR
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
