Pramod Kothari and 5 Ors v. The State of Assam and 7 Ors

O R D E R

19.09.2024 Heard Mr. S. P. Roy, the learned counsel appearing on behalf of the petitioners. Mr. N. Goswami, the learned counsel appears on behalf of the State respondents and Mr. S. K. Choudhury, the learned counsel appears on behalf of the respondent No.8.

¶2It has been submitted by Mr. S. P. Roy, the learned counsel for the petitioners that the filing of the instant writ petition was necessitated on account of the non-compliance to the order of injunction dated 27.02.2024 passed in Misc.(J) Case No.175/2024 in Title Suit No.95/2024 by the Court of the Civil Judge (Senior Division) No.1, Kamrup (M) at Guwahati. The learned counsel for the petitioners submitted that in view of the non-compliance to the order of injunction dated 27.02.2024 when the petitioners went to file an application under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (for short, 'the Code'), the Trial Court refused to accept the said application and it is under such circumstances, the petitioners having no other alternative for which the petitioners have approached this Court by filing the instant writ petition. The learned counsel appearing on behalf of the petitioners further submitted that in the meantime, the learned District Judge, Kamrup (M) at Guwahati has already transferred the Title Suit No.95/2024 to the Court of the Civil Judge (Senior Division) No.2, Kamrup (M) at Guwahati, and as such, he would be in a position to file the application under Order XXXIX Rule 2A of the Code. The counsel for the petitioners further submitted that till the Page No.# 5/5 existence of the order dated 27.02.2024 passed in Misc.(J) Case No.175/2024, the interim order passed in the instant proceedings shall be permitted to be continued otherwise there is a likelihood that with the disposal of the instant writ petition, the respondent authorities may again resort to all the legalities thereby violating the order dated 27.02.2024.

¶3Taking into account that the reason for which the petitioners herein have approached this Court is on the ground that the petitioners had no other avenues available in view of the Court of the Civil Judge (Senior Division) No.1, Kamrup (M) at Guwahati had recused himself and sent the file to the learned District Judge for transfer and now that the suit having been already transferred to the Court of the Civil Judge (Senior Division) No.2, Kamrup (M) at Guwahati wherein the petitioners would be at liberty to file the application under Order XXXIX Rule 2A of the Code, this Court is of the opinion that keeping the writ petition pending before this Court would serve no meaningful purpose.

¶4This Court however finds it pertinent to observe that the interim order passed on 21.05.2024 in the present proceedings shall continue till further orders are passed in Misc.(J) Case No.175/2024 by the Court of the Civil Judge (Senior Division) No.2, Kamrup (M) at Guwahati before whom the said injunction application is still pending.

¶5In view of the above, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010100232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2669/2024o PRAMODoKOTHARIoANDo5oORSo S/O-oLATEoMOTILALoKOTHARI,o R/O-oNo122,oPANCHSEELoPARK,o NEWoDELHI-o110017. 2:oANKURoKOTHARI oS/O-oLATEoDHANPAToSINGHoKOTHARI o R/O-oFLATo701 oRAJULoAUGUSTA o NEMINGARoCOLONY oVAISHALI o JAIPUR-o302021 oRAJASTHAN. 3:oNIRMALoKUMARoKOTHARI oS/O-oLATEoRAICHANDoKOTHARI o R/O-oF-201 oSKYoBELVERDERE oVIMANoNAGAR o NEARoAIRPORT oPUNE-o411014 o MAHARASHTRA. 4:oBIMALoSINGHoKOTHARI oS/O-oLATEoRAICHANDoKOTHARI o R/O-o41 oPALIoHILLSoROAD PageoNo.#o2/5 oBANDRA o MUMBAI-o400050 oMAHARASHTRA. 5:oRAJENDRAoKUMARoKOTHARIoALIASoRAJoKUMARoKOTHARI oS/O-oLATEoKUNDANoLALoKOTHARI o RESIDENToOFoM.S.oROAD oFANCYoBAZAR o GUWAHATI-o781001 oASSAM. 6:oANILoKOTHARI oS/O-oLATEoKUNDANoLALoKOTHARI o RESIDENToOFoM.S.oROAD oFANCYoBAZAR o GUWAHATI-o781001 oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARY,o GOVT.oOFoASSAM,o DEPARTMENToOFoHOMEoAFFAIRS,o DISPUR,oGUWAHATI-06. 2:THEoPRINCIPALoSECRETARY oDEPT.oOFoREVENUEoANDoDISASTERoMANAGEMENT oDISPUR oBLOCK-C oSECONDoFLOOR o G.S.oROAD oKAMRUP(M) oGUWAHATI-06. 3:THEoDISTRICToCOMMISSIONERoCUMoCOLLECTOR oERSTWHILEoDEPUTYoCOMMISSIONER oKAMRUP(M) oHENGRABARI oGUWAHATI-o781006. Page No.# 3/5 4:THE COMMISSIONER AND SECRETARY DEPT. OF HOME AFFAIRS GOVT. OF ASSAM DISPUR GUWAHATI- 781006 DISTRICT- KAMRUP(M). 5:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKOTI ROAD ULUBARI GUWAHATI- 781007 KAMRUP(M) ASSAM. 6:THE COMMISSIONER OF POLICE CITY POLICE COMMISSIONERATE PANBAZAR GUWAHATI- 781001 KAMRUP(M) ASSAM. 7:THE OFFICER-IN-CHARGE BASISTHA POLICE STATION GUWAHATI PIN- 781029 KAMRUP(M) ASSAM. 8:SOMESWAR TUMUNG @ SOMESWAR GARO S/O- LATE DHANESWAR GARO @ LATE DHANESWAR GAONBURA R/O- KHANAPARA POLICE COLONY BASISTHA GUWAHATI- 781029 KAMRUP(M) ASSAM For the petitioner (s) : Mr. S. P. Roy, Advocate For the respondent (s) : Mr. N. Goswami, Govt. Advocate Mr. S. K. Choudhury, Advocate Page No.# 4/5 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH