The writ petition challenging an office order was disposed of as infructuous upon the respondent's submission that four years had elapsed since filing, rendering the challenge otiose.
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GAHC010150912020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4482/2020
BAHARUL ISLAM BORBHUYAN
S/O- LT. ABU BAKAR BORBHUYAN, R/O- VILL- BAMUNGAON, P.O. TINIALI BAZAR, P.S. LANKA, DIST.- HOJAI, ASSAM, PIN- 782448
VERSUS
THE STATE OF ASSAM AND 6 ORS REP. BY THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY-6
2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. ASSAM PANJABARI JURIPAR GHY-37 3:JOINT DIRECTOR PANCHAYAT AND RURAL DEVELOPMENT DEPTT. (GOVT. OF ASSAM) DISPUR GHY-6 4:SECRETARY BAMUNGAON GAON PANCHAYAT BAMUNGAON DIST.- HOJAI ASSAM PIN- 782442 5:SAILENDRA NATH SECRETARY
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BAMUNGAON GAON PANCHAYAT OFFICE OF THE BAMUNGAON GAON PANCHAYAT BAMUNGAON DIST.- HOJAI ASSAM PIN- 782442 6:THE CHIEF EXECUTIVE OFFICER HOJAI ZILLA PARISAD HOJAI ASSAM 7:BLOCK DEVELOPMENT OFFICER ODALI DEVELOPMENT BLOCK BAMUNGAON LANKA HOJAI ASSA
Advocate for the Petitioner : MR. B SHARMA, MS. A GOGOI,MR. H DAS,MR. S CHAMARIA Advocate for the Respondent : SC, PNRD,
BEFORE HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
09.09.2024
None appears for the petitioner when the matter is called.
Mr. S. Dutta, learned counsel appears for the P&RD Department and submits that the challenge made in the writ petition is in respect of the office order dated 14.10.2020 (Annexure-12), on the ground that the same was issued in violation of the Office Memorandum dated 06.08.2013, which is enclosed at page-39 of the writ petition. The learned counsel submits that it is going to be 4 (four) years now after the filing of the writ petition and having regard to the challenge made by the petitioner, the writ petition has only become infructuous.
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Considering the submission made by the learned counsel for the P&RD Department, it only appears that the writ petition has become infructuous.
Accordingly, the same stands disposed of as infructuous. Stay order passed earlier shall stands vacated.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition has become infructuous due to the passage of time and changed circumstances?
BAHARUL ISLAM BORBHUYAN
THE STATE OF ASSAM
COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. ASSAM
JOINT DIRECTOR PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
SECRETARY BAMUNGAON GAON PANCHAYAT
CHIEF EXECUTIVE OFFICER HOJAI ZILLA PARISAD
NELSON SAILO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
