A writ petition overlapping with an earlier pending petition was deemed unnecessary and non-maintainable; the Court closed it, allowing additional grounds via affidavit.
Petition closed; petitioner permitted to file additional affidavit with added grounds in WP(C)/3583/2024.
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GAHC010120452024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3154/2024
SANJAY KUMAR DAS
S/O- LATE SIBA NATH DAS, R/O- CHANDANPUR, WARD NO. 8, BARPETA ROAD TOWN, P.O. BARPETA ROAD, P.S. BARPETA ROAD, DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCES DEPARTMENT DISPUR GUWAHATI-781006.
3:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT BASISTHA GUWAHATI-781029 DIST. KAMRUP(M) ASSAM
4:THE SUPERINTENDING ENGINEER LOWER ASSAM CIRCLE WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-781003 DIST. KAMRUP(M) ASSAM
5:THE EXECUTIVE ENGINEER BONGAIGAON WATER RESOURCES DIVISION
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WATER RESOURCES DEPARTMENT BORPARA BONGAIGAON ASSAM PIN- 783380.
6:LAKSHMI KANTA BARMAN THE THEN ASSISTANT EXECUTIVE ENGINEER CHAPAR INVESTIGATION SUB-DIVISION WATER RESOURCES DEPARTMENT CHAPAR CUM ENQUIRY OFFICER
Advocate for the Petitioner : MR. J I BORBHUIYA, MRS. K H CHOUDHURY,MR. L MOHAN
Advocate for the Respondent : SC, WATER RESOURCE,
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
02.08.2024
Heard Shri J.I. Barbhuiya, learned counsel for the petitioner. Also heard Shri R.M. Das, learned Standing Counsel, Water Resource Department.
Shri Das, the learned Standing Counsel has referred to the earlier order dated 17.07.2024 on the issue of the objection raised on the maintainability of the writ petition which is hit by the principles of res judicata.
Shri J.I. Barbhuiya, learned counsel however submits that an issue has been raised in this case on the validity of the departmental proceeding itself.
In the considered opinion of this Court, the said issue can also be decided in the pending writ petition being WP(C)/3583/2024 in which notices has been issued and records have been called for.
In view of the above, this Court is of the opinion that separate petition is
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not required or even maintainable.
Writ petition accordingly stands closed.
The petitioner would be at liberty to take additional grounds of challenge if required by filing additional affidavit.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a separate writ petition challenging the validity of the departmental proceeding is maintainable or should be addressed in WP(C)/3583/2024?
Sanjay Kumar Das
The State of Assam (Water Resources Department)
Secretary to the Govt. of Assam, Water Resources Department
Chief Engineer, Water Resources Department
Superintending Engineer, Lower Assam Circle, Water Resources Department
Executive Engineer, Bongaigaon Water Resources Division
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
