Dhrubajyoti Gogoi v. The State of Assam and 5 Ors

ORDER Date : 18.09.2024

Heard Mr. P. K. Majumdar, learned counsel for the petitioner. This matter was taken up in the first round and the Court had raised a query to the learned counsel for the petitioner as to why Mr. Banashyam Gogoi was not impleaded as respondent no. 7 in terms of the directions passed by this Court vide order dated 05.02.2021. Further, on perusal of the materials available on record, Mr. Majumdar was given time by this Court to reflect on the same and to make his submission. However, when the matter was called up in the second half, there was no representation on behalf of the petitioner. Having noticed that the petitioner had not complied with the directions passed by this Court vide the order dated 05.02.2021 and today, when the matter Page No.# 3/3 was directed again to be taken up in the second half, there is no representation on behalf of the petitioner, herein, this Court is left with no alternative but to hold that the present proceeding would be required to be dismissed for non-prosecution. Accordingly, the writ petition stands dismissed for non-prosecution.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010080502020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2401/2020o DHRUBAJYOTIoGOGOIo S/O.oLT.oBHABENoGOGOI,oR/O.oWARDoNO.1,oCHAWREKIAoGAON,oP.O.oANDo P.S.oDHAKUAKHANA,oDIST.oLAKHIMPUR,oASSAM,oPIN-787055. VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoCOMM.oANDoSECY.,oTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo MUNICIPALoADMINISTRATIONoANDoURBANoDEVELOPMENT,oDISPUR,o GUWAHATI-06,oASSAM. 2:THEoDIRECTOR oMUNICIPALoADMINISTRATION oASSAMoDISPUR oGUWAHATI-06 oASSAM. 3:THEoDY.oCOMMISSIONER oLAKHIMPUR oDIST.oLAKHIMPUR oASSAM. 4:THEoCHAIRPERSON oDHAKUAKHANAoMUNICIPALoBOARD oDHAKUAKHANA oASSAM. 5:THEoSUB-DIVISIONALoOFFICERo(CIVIL) Page No.# 2/3 DHAKUAKHANA SUB DIVISION DHAKUAKHANA MUNICIPAL BOARD DHAKUAKHANA LAKHIMPUR ASSAM. 6:THE EXECUTIVE OFFICER DHAKUAKHANA MUNICIPAL BOARD DHAKUAKHANA LAKHIMPUR ASSAM Advocate for the Petitioner : MR. P K MAZUMDAR, MR. R K MAZUMDAR Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR