Fatema Khatun and Anr v. The State of Assam and 3 Ors

ORDER

09.05.2023

¶1Heard Mr. M.A. Sheikh, learned counsel for the applicant, who submits that the applicants had made mistakes in the Cause Title of WP(C) No.7473/2022, inasmuch as, there is no Commissioner & Secretary to the Government of Assam, Public Health Engineering Department, Dispur, Guwahati-6 and instead there is a Secretary to the Government of Assam, Public Health Engineering Department, Dispur, Guwahati-6. He also submits that the respondent no.3., i.e. Additional Chief Engineer, should be changed to Executive Engineer. Similarly, the respondent no.4 should be changed from Sectional Assistant to Sectional Officer.

¶2Besides the above, he also submits that a modification of the order dated

23.11.2022 passed in WP(C) No.7473/2022 has to be made in paragraph nos.5 & 6, inasmuch as, instead of the words "Commissioner & Secretary" the word "Secretary" should be inserted.

¶3The applicants' counsel thus prays that modification of the respondents in the Cause Title may be made as follows : Page No.# 3/4 "(a) The respondent no.1 i.e "The State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Public Health Engineering Department, Dispur, Guwahati-6." may be corrected and modify as follows-

¶1The State of Assam, represented by the Secretary to the Government of Assam, Public Health Engineering Department, Dispur, Guwahati-6."

(b) The respondent no.3 i.e The Additional Chief Engineer, Public Health Engineering Department, Itachali, Nagaon, Assam, Pin-782003. " may be corrected and modify as follows-

"The Executive Engineer, Public Health Engineering Department, Nagaon Division, Mohkhuli, P.O.- Mohkhuli, Nagaon, Assam, Pin-782003."

(c) That respondent no.4, i.e. The Sectional Assistant, Public Health Engineering Department, Maheripar, P.O. Juria, District-Nagaon, Assam, PIN-782124" - may be corrected and modify as follows - "The Sectional Officer, Public Health Engineering Department, Maherinar PO Juria District-Nagaon Assam Pin-702124 "

¶4Ms. M. Kalita, learned counsel appearing for the PHE Department submits that she has got no objection to the prayer made by the applicants' counsel.

¶5In view of the consent of the counsel of the PHE Department, the Cause Title with regard to the respondent nos.1, 3 & 4 shall be corrected/modified as follows : The respondent no.1 - The State of Assam, represented by the Secretary to the Government of Assam, Public Health Engineering Department, Page No.# 4/4 Dispur, Guwahati-6." The respondent no.3 – "The Executive Engineer, Public Health Engineering Department, Nagaon Division, Mohkhuli, P.O.- Mohkhuli, Nagaon, Assam, Pin-782003." That respondent no.4 - "The Sectional Officer, Public Health Engineering Department, Maherinar PO Juria District-Nagaon Assam Pin-702124 "

¶6Further, the words "Commissioner & Secretary" reflected in paragraph nos.5 & 6 of the order dated 23.11.2022 passed in WP(C) No.7473/2022 shall be replaced by the word "Secretary".

¶7The application is accordingly disposed off. In view of the modification made to the Cause Title and order dated

23.11.2022 passed in WP(C) No.7473/2022, the time period of 2 months given to the respondent no.1, for examining and taking a decision on the petitioner's representation dated 16.08.2022 should be counted from the date the respondent no.1 is given a copy of this order.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010013742023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/179/2023o FATEMAoKHATUNoANDoANR.o W/O.oLT.oHAZRAToALI,oR/O-oVILL.oANDoP.O.oKASHORI,oP.S.oJURIA,oDIST.o NAGAON,oASSAM,oPIN-o782124. 2:oHAZRAToRAZZAKOoTAJKHAN oPETITIONERoBEINGoMINORoREPRESENTEDoBYoHERoFATHERoASoNATUARLo GUARDIAN oD/O-oAMRANoHUSSAINoKHAN oR/O-oVILL.oANDoP.O.oKASHORI oP.S.oJURIA oDIST.oNAGAON oASSAM oPIN-o782124o VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM,o PUBLICoHEALTHoENGINEERINGoDEPTT.,oDISPUR,oGUWAHATI-06. 2:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERINGo(WATER)oDEPTT. oASSAM oHENGRABARI oGUWAHATI-36. 3:THEoADDL.oCHIEFoENGINEER oPUBLICoHEALTHoENGINEERINGoDEPTT. oITACHALI oNAGAON oASSAM oPIN-782003. 4:THEoSECTIONALoASSTT. oPUBLICoHEALTHoENGINEERINGoDEPTT. oMAHERIPAR oP.O.oJURIA oDIST.oNAGAON oASSAM oPIN-782124o Page No.# 2/4 Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : SC, P H E BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA