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

ORDER

16.02.2024

Heard Ms. R. Gogoi, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 2; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 3 &

4.

¶2Ms. Barman, learned Junior Government Advocate pursuant to the order passed by this Court on 05.02.2024, has obtained a copy of the complaint submitted by Smt. Sulema Khatun, impleaded as respondent no. 6 in this writ petition, before the respondent no. 3 on

24.05.2023. A photo copy of the said complaint has also been furnished to Ms. Gogoi, learned counsel for the petitioner, by Ms. Barman.

¶3The petitioner has approached this Court by the instant writ petition with a grievance that copy of the concerned application on the basis of which the respondent no. 4 has initiated a proceeding and notices were issued to the petitioner, was not furnished to the petitioner despite the petitioner making application for a certified copy of the complaint, etc. Ms. Gogoi has submitted that with supply of the photo copy of the complaint submitted by Smt. Sulema Khatun today to her, the grievance of the petitioner has been effectively redressed and the petitioner would duly participate in the proceeding before the respondent no. 4. In view of the above, there is no necessity to proceed further with the writ petition and accordingly, the writ petition is closed.

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¶4From the instructions placed by Ms. Barman, learned Junior Government Advocate including a communication bearing no. CHR/SS/ENQ/2024 dated 15.02.2024, it appears that the hearing is fixed today for appearance of the petitioner. As the petitioner has received a copy of the complaint on the basis of which the said proceeding has been initiated only today, Ms. Barman, learned Junior Government Advocate shall apprise the respondent no. 3 and the respondent no. 4 to fix another date of hearing so as to enable the petitioner to participate in the said proceeding in an effective manner.

¶5A copy of the communication bearing no. CHR/SS/ENQ/2024 dated 15.02.2024 along with annexures, is to be kept with the case record. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010016442024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/497/2024o MD.oLUTFURoRAHMANo S/O-oLATEoJ.oAHMED,oR/O-oRAIDONGIAoNA-KACHARIoGAON,oP.O.o TIOKGHAT,oP.S.oSONARI,oDIST.oCHARAIDEO,oASSAM,oPIN-o785690. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oGENERALoADMINISTRATIONoDEPARTMENT,o DISPUR,oGUWAHATI. 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oDISPUR oGUWAHATI. 3:THEoDISTRICToCOMMISSIONER oCHARAIDEO oSONARI. 4:THEoSUB-DIVISIONALoOFFICERo(SADAR) oCHARAIDEO oSONARI 5:SMTI.oSULEMAoKHATUN oW/O-oLATEoSOFIQUDDINoAHMED oR/O-oWARDoNO.o9 oSONARIoTOWN oP.O.oANDoP.S.oSONARI oDIST.oCHARAIDEO oASSAM Page No.# 2/3 PIN- 785690 Advocate for the Petitioner : RUBI GOGOI Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY