A writ petition concerning a claim against the Irrigation Department was dismissed after the petitioner failed to appear on call and on earlier occasions, and the Standing Counsel submitted written instruction stating no office record supported the petitioner's claim.
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GAHC010013082016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2253/2016
SUCHENDRA NATH DAS
R/O VILL and P.O. UDALGURI DIST. UDALGURI BTAD, ASSAM, PIN - 784509.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI - 6.
2:THE SECRETARY IRRIGATION DEPARTMENT DISPUR GUWAHATI -6.
3:THE CHIEF ENGINEER IRRIGAITON ASSAM CHANDMARI GUWAHATI-3.
4:THE EXECUTIVE ENGINEER DHANSIRI PROJECT WEIR DIVISION IRRIGATION BHAIRABKUNDA
5:THE ASSISTANT EXECUTIVE ENGINEER INSPECTION and QUALITY CONTROL IRRIGATION DEPTT. CHANDMARI GUWAHATI-3 ASSAM.
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MANGALDOI CIRCLE IRRIGATION MANGALDOI
Advocate for the Petitioner : MS.B BARUAH Advocate for the Respondent : SC, IRRIGATION
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 03-01-2024
None appears on behalf of the petitioner on call.
Mr. N. Upadhyaya, learned counsel appears on behalf of the Irrigation Department, Assam.
Record reveals that on earlier occasion also the petitioner was not represented. Further to that, during the course of hearing Mr. N. Upadhyaya, learned Standing Counsel, Irrigation Department has submitted that there is no office record on which the petitioner based his claim. To that effect, Mr. Upadhyaya placed before this Court written instruction dated 15.09.2016, which is kept on record and marked with the letter “X”.
Taking into account the above, this Court therefore dismisses the writ petition.
JUDGE
Comparing Assistant
1 issue framed by the court
Should the writ petition be entertained when the petitioner is unrepresented on repeated occasions and the respondents state no office record supports his claim?
Suchendra Nath Das
The State of Assam
The Secretary, Irrigation Department
The Chief Engineer, Irrigation Assam
The Executive Engineer, Dhansiri Project Weir Division, Irrigation
The Assistant Executive Engineer, Inspection and Quality Control, Irrigation Deptt.
Devashis Baruah
As recorded by the court registry
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