A writ petition instituted on mere apprehension is not maintainable. The petitioner is permitted to withdraw the petition with liberty to file afresh if any prejudicial action is subsequently taken. The petition is dismissed on withdrawal with the liberty as prayed for.
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GAHC010071872024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2044/2024
ABDUL MOTIN SON OF LATE ABDUL WAHED, RESIDENT OF VILLAGE- MATHAKATA, P.O.- JAMADARHAT, DISTRICT- DHUBRI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI- 781006.
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER-CUM-DISTRICT MISSION CO-ORDINATOR DHUBRI ASSAM PIN- 783301.
4:THE BLOCK ELEMENTARY EDUCATION OFFICER SOUTH SALMARA P.O.- SOUTH SALMARA
DISTRICT- DHUBRI ASSAM
PIN- 783127.
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5:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN
KAHILIPARA GUWAHATI- 781019.
6:THE DISTRICT LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE CHAIRMAN DHUBRI
P.O. AND DISTRICT- DHUBRI ASSAM
PIN- 783301.
7:NUR BAHAR SHEIKH S/O- LATE ABDUL WAHED
R/O- VILL- MATHAKATA P.O.- JAMADARHAT
DIST.- DHUBRI (ASSAM)
PIN- 783330.
8:ABDUL MOZID S/O- ABUL HUSSAIN VILL.- BANACHAPA P.O.- JAMADARHAT
DIST.- DHUBRI (ASSAM)
PIN- 783330.
9:RAMJAN ALI SHEIKH S/O- MATBAR ALI
VILL- MATHAKATA
P.O.- JAMADARHAT
DIST.- DHUBRI (ASSAM)
PIN- 783330
Advocate for the Petitioner : MR. S ISLAM
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Advocate for the Respondent : SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 10.04.2024
Heard Mr. S Islam learned counsel for the petitioner. Also heard Ms. M Phukan, learned standing counsel, Elementary Education Department.
On perusal of the materials brought on record, it is seen that the present writ petition has been instituted on apprehension and the same accordingly is not maintainable.
Poised thus, Mr. S Islam, learned counsel for the petitioner submits that he may be permitted to withdraw the present writ petition with liberty to file the same in the event any action prejudicial to the petitioner is taken.
Prayer accepted.
The writ petition stands dismissed on withdrawal with the liberty as prayed for.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a writ petition lodged by caveat (on apprehension) is maintainable.
Abdul Motin Son of Late Abdul Wahed
The State of Assam
The Director of Elementary Education Assam
The District Elementary Education Officer Cum District Mission Co-Ordinator Dhubri
The Block Elementary Education Officer South Salmara
The State Level Scrutiny Committee Represented By Its Chairman
N. Unni Krishnan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
