Md Lutfur Rahman v. The State of Assam and 4 Ors

ORDER

10.01.2024

¶1The instant petition has been filed by the petitioner being aggrieved by the conduct of the Additional District Commissioner (Revenue), Charaideo in not furnishing the copy of the complaint as well as the order so passed in MC No. 04/2023 in respect of which certified copies were sought for as well as also being aggrieved by the action of Additional District Commissioner (Revenue), Charaideo in not allowing the petitioner to be represented by a counsel.

¶2Ms. S. Baruah, learned counsel appearing on behalf of the Additional District Commissioner (Revenue), Charaideo submits that appropriate directions can be passed by this Court directing the concerned officials for providing the certified copies of the complaint petition along with the enclosures and the orders so passed in MC No. 4/2023.

¶3This Court upon hearing the learned counsel appearing on behalf of the parties is of the opinion that if any proceedings has been initiated against the petitioner on the basis of the complaint then the Page No.# 3/3 petitioner has a right to know as to the contents of such complaint as well as all such orders which have been passed in the said proceedings. This Court also does not see any bar under the provision of law thereby debarring the representation by a counsel.

¶4Therefore, in view of the above, for the interest of justice, this Court disposes of the instant writ petition thereby directing the Additional District Commissioner (Revenue), Charaideo to furnish copies of the complaint in MC No. 4/2023 along with the enclosures filed therewith, if any, and the orders which have been passed. The said exercise be completed within ten days from the date of certified copy of the instant order is served upon Additional District Commissioner (Revenue), Charaideo which the learned counsel for the petitioner submits that she shall advice her client to do so on or before 19.01.2024.

¶5This Court also directs the Additional District Commissioner (Revenue), Charaideo to permit the petitioner to be represented by a counsel in MC. No. 4/2023.

¶6With the above, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010002232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/74/2024o MDoLUTFURoRAHMANo S/O-oLATEoJ.oAHMED,o R/O-oRAIDONGIAoNA-KACHARIoGAON,o P.O.-oTIOKGHAT,o P.S.-oSONARI,o DISTRICT-oCHARAIDEO,oASSAM.o PIN-o785690. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o GENERALoADMINISTRATIONoDEPARTMENT,o DISPUR,oGUWAHATI. 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oDISPUR oGUWAHATI. 3:THEoDISTRICToCOMMISSIONER oCHARAIDEO oSONARI. 4:THEoADDITIONALoDISTRICToCOMMISSIONERo(REVENUE) oCHARAIDEO oSONARI. 5:MD.oMUHIBURoRAHMAN oS/O-oLATEoJAMIRUDDINoAHMED oR/O-oWARDoNO.o2 oSONARIoTOWN o Page No.# 2/3 P.O./ P.S.- SONARI DISTRICT- CHARAIDEO ASSAM PIN Advocate for the Petitioner : RUBI GOGOI Advocate for the Respondent : SC, GAD BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH