Towaj Uddin Ahmed v. The State of Assam and 4 Ors

ORDER Date : 01-03-2024 Heard Mr. A.T.M. Hussain, learned counsel for the petitioner; Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 1 & 5; and Ms. S. Sarmah, learned Standing Counsel, Health & Family Welfare Department for the respondent nos. 2, 3 & 4.

¶2The petitioner has stated that he is a doctor by profession and also the proprietor of one ultra-sonography centre, which is presently situated at Line Road, Jhograpar Part-I, District – Dhubri. It is the case of the petitioner that due to certain unavoidable situations, the petitioner desirous of shifting the ultra-sonography centre to his native place at Chapar Bazar, which is within the district of Dhubri. It is submitted that the petitioner requesting permission to shift the ultra-sonography centre from its present place, Jhograpar Part-I to Chapar Bazar, has submitted three number of representations on 29.12.2023, 27.01.2024 and

05.02.2024 respectively before the respondent no. 4. Submitting that those representations have not been considered and disposed of by the respondent no. 4 till date, the petitioner has to approach this Court by the instant writ petition seeking inter alia a direction to the respondent no. 4 to consider the said representations.

¶3Mr. Sarmah, learned Standing Counsel, Health & Family Welfare Department has submitted that since the petitioner has stated that the afore-mentioned representations are pending for consideration before the respondent no. 4 till date, this writ petition can be disposed of with a direction to the respondent no. 4 to take the representations of the petitioner, stated to have been submitted before the respondent no. 4, for consideration and after due consideration, to dispose of the same by way of a speaking order. Mr. Hussain, Page No. 3/3 learned counsel for the petitioner has agreed to the submission advanced by Ms. Sarmah.

¶4In view of the broad consensus arrived at by the learned counsel for the parties in the aforesaid manner, this Court is of the considered view that instead of keeping this writ petition pending, this writ petition can be disposed of with a direction to the respondent no. 4 before whom the representations, stated to have been submitted by the petitioner, are pending, to consider and dispose of the same by way of a speaking order in accordance with law. It is observed that such speaking order shall be passed within a period of 1 [one] month from the date of receipt of a certified copy of this order at his office from the petitioner and the decision arrived at by the respondent no. 4 after such consideration, shall be communicated to the petitioner thereafter. It is made clear that this Court has not made any observation as regards the merits of the claim of the petitioner for shifting of the ultra-sonography centre from the present place to the intended place, meaning thereby, the respondent no. 4 shall consider the representations as per the extant law and procedure.

¶5This order disposes of the writ petition.

JUDGE Comparing Assistant

PageoNo.o1/3 GAHC010037902024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1127/2024o TOWAJoUDDINoAHMEDo SONoOFoAKIBULoHUSSAIN,oRESIDENToOFoVILLAGE-oPUTHIMARI,oP.O.oANDo P.S.oCHAPAR,oDISTRICT-oDHUBRI,oASSAM,oPIN-o783371 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oDISPUR,oGUWAHATI-o781006 2:THEoCOMMISSIONERoANDoSECRETARY oGOVERNMENToOFoASSAM oDEPARTMENToOFoHEALTHoANDoFAMILYoWELFARE oDISPUR oGUWAHATI-o781006 3:THEoDIRECTORoOFoHEALTHoSERVICESo(FW) oASSAM oCUM-STATEoAPPROPRIATEoAUTHORITYoUNDERoPCoANDoPNDToACT oSWASTHYAoBHAWAN oHENGRABARI oGUWAHATI-o781036 4:THEoADDITIONALoCHIEFoMEDICALoANDoHEALTHoOFFICERo(FW) oCUM-STATEoAPPROPRIATEoAUTHORITYoUNDERoPCoANDoPNDToACT oSWASTHYAoBHAWAN oDHUBRI oDISTRICT-oDHUBRI oASSAM 5:THEoDEPUTYoCOMMISSIONER oDHUBRI oDISTRICToDHUBRI oASSAM oPIN-o78330o Page No. 2/3 Advocate for the Petitioner : MR A T M HUSSAIN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY