Writ petition challenging withdrawal of the petitioner's Personal Security Protection was dismissed as infructuous after it was reported that the petitioner had expired and no claim for protection of other family members was made.
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GAHC010010582012
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6231/2012
SAILEN KONWAR DUTTA
S/O LT. SURENDRA NATH DUTTA HOUSE NO. 81, MOTHER TERESSA ROAD, OPPOSITE BSF CAMP, GUWAHATI-21, ALSO REISIDING AT GROUND FLOOR, S-98, SOUTH EXTENSION -II, NEW DELHI-49.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HOME DISPUR, GUWAHATI-6.
2:THE INSPECTOR GENERAL OF POLICE
SECURITY SPECIAL BRANCH ASSAM KAHILIPARA GUWAHATI-19.
3:DEPUTY INSPECTOR GENERAL OF POLICE
ULUBARI GUWAHATI-7
4:THE SUPERINTENDENT OF POLICE
SPECIAL BRANCH SECURITY GUWAHATI ASSAM.
5:THE DEPUTY SUPERINTENDENT OF POLICE SPECIAL BRANCH SPECIAL BRANCH GUWAHATI ASSAM
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Advocate for the Petitioner : MS.B BHUYAN
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 09.02.2024
None appears for the petitioner on call.
Heard Mr. D. Nath, learned senior Government Advocate appears for the respondents.
It is submitted at the bar that this writ petition has become infructuous as the writ petitioner had expired in the meantime. As the writ petition was filed by the petitioner assailing the action of the respondents in withdrawing his Personal Security Protection and as during the pendency of the writ petition as it is submitted by the respondents that the writ petitioner had expired in the meantime, it is seen that no right to sue survives as the Personal Security Protection which was withdrawn only from the petitioner and no claims are made in the writ petition for such protection in respect of any other family member.
Accordingly, the writ petition is dismissed as infructuous as the petitioner is stated to have expired in the meantime.
JUDGE
Comparing Assistant
Sailen Konwar Dutta
The State of Assam
The Inspector General of Police, Security Special Branch, Assam
Deputy Inspector General of Police, Ulubari, Guwahati
The Superintendent of Police, Special Branch, Guwahati
The Deputy Superintendent of Police, Special Branch, Guwahati
Soumitra Saikia
As recorded by the court registry
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