Tarikul Ali Choudhury and Anr v. The State of Assam and Anr

ORDER Date : 12.06.2024

Heard Mr. L. Sangtam, learned counsel for the petitioners. Also heard Mr. M. Chetia, learned Government Advocate for the State respondents. By filing the instant writ petition under Article 226 of the Constitution of India, the petitioners who are members of the earlier office bearers of the Guwahati Kabarsthan Committee has filed the instant petition under Article 226 of the Constitution of India seeking direction inter-alia to allow the said earlier committee of Guwahati Kabarsthan, Athgaon to work as the office bearers of Guwahati Kabarsthan and to manage the affairs of the Guwahati Kabarsthan. The facts of the case is that members of the earlier committee of the Guwahati Kabarsthan Committee, by letter dated 22.03.2022 filed an application before the Deputy Commissioner, Kamrup (M), seeking intervention of the office of the District Commissioner to allow the old Executive Body of the Guwahati Kabarsthan to run and function till a new committee is formed. It is submitted at the bar that a title suit as regards the formation of the new committee is pending adjudication in TS No. 379/2021 before the Court of Civil Judge No. 1, Kamrup (M). Mr. M. Cheita, learned Government Counsel, submits a copy of the instruction received vide letter dated 08.04.2024, to the effect that the Page No.# 3/3 State respondents due to the pendency of the civil litigation before the Civil Judge No. 1, Kamrup (M), no action could be initiated on the application filed by the General Secretary, Guwahati Kabarsthan Committee dated 22.03.2022. I have perused the aforesaid instruction placed before this Court. It further appears that the Circle Officer, Guwahati Revenue Circle was directed to cause an enquiry into the matter and submit report which is also enclosed in the said instruction placed before this Court. A copy of the said instruction is kept on record and marked as 'X'. Be that as it may, it appears that as regards the issue of formation of new committee, a dispute is pending for adjudication before the Civil Court. Unless and until the aforesaid dispute is adjudicated by the competent Court, the prayer sought in this writ petition in the opinion of this Court cannot be granted, in as much as the disputed question of facts have been raised in this petition, which otherwise is pending for adjudication in the Civil Court. Hence, the writ petition is not maintainable. Accordingly, the writ petition stands dismissed. No cost.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010097842022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3401/2022o TARIKULoALIoCHOUDHURYoANDoANR.o S/O.oLT.oERADAToALIoCHOUDHURY,oR/O.oSATIJOYMOTIoROAD,oATHGAON,o HOUSEoNO.5,oGUWAHATI-1,oDIST.oKAMRUPo(M),oASSAM. 2:oMD.oMURTAZA oS/O.oLT.oMD.oISLAMoR/O.oS.C.oBYEoLANE oHOUSEoNO.39 oATHGAON oGUWAHATI-01o VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HOMEoANDoPOLITICALoDEPTT.,oDISPUR,oGUWAHATI-06. 2:THEoDEPUTYoCOMMISSIONER oKAMRUPo(M) oGUWAHATI-01o AdvocateoforotheoPetitionerooooo:oMR.oAoSARMAo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI