Pankaj Choudhury and 5 Ors v. The State of Assam and 4 Ors

O R D E R

13.03.2024

Heard Mr. S.I. Akand, learned counsel for the petitioner. Also heard Mrs. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for all the respondents.

¶2The petitioners are trained Home Guard volunteers and they were performing duties under the District Police Administration, Nalbari, Assam. The respondents issued a list of essential Home Guards of Nalbari district consisting of 172 Homeguards.

¶3The grievance of the petitioners is that as they are trained Home Guard volunteers, there names should also be enlisted in the said essential list of Home Guards of Nalbari district. To that effect, the petitioners made a representation dated 27.12.2023 addressed to the Director General of Police, Ulubari, Assam. A reminder was also issued on 02.01.2024 before the Director General and Commandant General, Home Guards, Assam.

¶4A perusal of the representation dated 27.12.2023 and the reminder dated

02.01.2024 indicates that the representation as well as the reminder has been made to the wrong authority.

¶5Accordingly, the petitioners are directed to file a fresh representation before the respondent No.3/Director General of Civil Defence and Commandant General of Home Guards, Assam, Beltola within a period of two weeks from today. Thereafter, on receipt of the representation, the respondent No.3 shall consider and dispose of Page No.# 4/4 the same by a speaking order and in accordance with law within a period of two months from the date of receipt of the representation to be made by the petitioners.

¶6With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010041992024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1412/2024o PANKAJoCHOUDHURYoANDo5oORSo S/O-oLATEoMAHESWARoCHOUDHURY,oR/O-oVILLoANDoP.O.oBAHJANI,oP.S.o ANDoDIST.-oNALBARI,oASSAM,oPIN-o781334 2:oNURULoHAQUE oS/O-oLATEoMATLEBoALI oR/O-oVILL-oPASCHIMoKHATARoKALAKUCHI oP.O.oDEHARoKALAKUCHI oP.S.oMUKALMUA oDIST.-oNALBARI oASSAM oPIN-o781310 3:oJOYNALoABEDIN oS/O-oLATEoABDULoKADER oR/O-oVILL-oKAPLABARIoNO.1 oP.O.oKAPLABARI oP.S.oMUKALMUA oDIST.-oNALBARI oASSAM oPIN-o781138 4:oDIGANTAoRAJBONGSHI oS/O-oNARESWARoRAJBONGSHI oR/O-oVILoANDoP.O.oNIJoPAKOWA oP.S.oBELSOR oDIST.-oNALBARI oASSAM oPIN-o781353 5:oAINULoAHMED oS/O-oMD.oHASENoALI oR/O-oVILLoANDoP.O.oBURINAGAR oP.S.oANDoDIST.-oNALBARI Page No.# 2/4 ASSAM PIN- 781341 6: RITUMANI BAISHYA S/O- TARUN BAISHYA R/O- VILL- NIZ PAKOWA P.O. PAKOWA P.S. BELSOR DIST.- NALBARI ASSAM PIN- 78135 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOME, DISPUR, GUWAHATI- 2:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATI ROAD ULUBARI GUWAHATI-07 3:THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM BELTOLA GUWAHATI-28 4:THE DISTRICT COMMANDANT OF HOME GUARDS OF NALBARI ASSAM PIN- 781335 5:THE SUPERINTENDENT OF POLICE DISTRICT- NALBARI ASSAM PIN- 78133 Advocate for the Petitioner : MR. R Deka Advocate for the Respondent : GA, ASSAM Page No.# 3/4 BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR