Nagaon Bara Bazar Committee and 19 Ors. v. the State of Assam and 4 Ors.
Case brief
What is this about?
The Gauhati High Court closed two linked writ petitions after counsel for the petitioners accepted that there was no surviving cause of action because the government funds for a market complex project remained unutilized and were refunded by the municipal board.
What did the court decide?
The instant writ petitions are closed. Petitioners are at liberty to approach the Court in case of any fresh cause of action.
What the court decided
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GAHC010017232019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/735/2019
NAGAON BARA BAZAR COMMITTEE AND 19 ORS. NAGAON SADAR BARA BAZAR, P.O AND DIST- NAGAON, ASSAM, REGD UNDER SOCIETIES REGISTRATION ACT, 1860
2: ABDUL KUDDUS HALDAR S/O- LATE MEGHU HALDAR VILL- DIMORUGURI BHOTAIATI P.O- DIMORUGURI P.S- NAGAO SADAR DIST- NAGAON ASSAM (SECRETARY NAGAON BARA BAZAR COMMITTEE)
3: ZAMAL UDDIN AHMED S/O- LATE ABDUL KADIR R/O- 2 NO. PANIAGAON W NO. 18 NAGAON TOWN DIST- NAGAON
4: JAINAL ABDIN S/O- LATE AJIM BEPARI R/O- KK ROAD AMIN PATTY W/ NO. 12 NAGAON TOWN DIST- NAGAON
5: SANKAR BHOWMIK S/O- LATE RISHIKESH BHOWMIK R/O- TOWN GOROSTHAN PATH W/NO. 11 NAGAON TOWN DIST- NAGAON
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6: NANIGOPAL DUTTA S/O- LATE RAKHAL DATTA R/O- CHAKITUP W/NO. 26 NAGAON TOWN DIST- NAGAON 7: TAPASH DATTA S/O- SRI KESH DATTA R/O- CHAKITUP CHOTOHAIBAR DIST- NAGAON
Issues for consideration
2 issues framed by the court
Whether the writ petitions should be closed due to the refund of the unutilized grant amount.
If the matter has become infructuous after the project was not carried on and the fund was refunded.
Parties & counsel
- petitioner
Nagaon Bara Bazar Committee and 19 Ors.
- respondent
The State of Assam and 4 Ors
Coram
Sanjay Kumar Medhi
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · March
- Registered
- Case no.
- WP(C)/735/2019
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