Nur Mohal Begum and Anr v. The State of Assam and 4 Ors

ORDER Date : 19.06.2024 (Vijay Bishnoi, CJ) This writ appeal is filed by the appellants being aggrieved with the judgment & order dated 08.05.2024 passed by the learned Single Judge in WP(C) No.7232/2021, whereby the learned Single Judge has dismissed the writ petition filed on behalf of the appellant No.1, essentially for the reason that the appellant No.1 has abused the process of the Court and has imposed a cost of Rs.25,000/- upon the appellant No.1 as well as the learned advocate appearing on behalf of the appellant No.1.

¶2The appeal is filed on behalf of the appellant No.1, who has filed the writ petition and by the advocate, who represented the appellant No.1 before the learned Single Judge.

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¶3Having argued the matter quite for some time on merit, the learned senior counsel for the appellants has submitted that he does not want to press this appeal. However, he has prayed that the cost imposed by the learned Single Judge while dismissing the writ petition upon the appellant No.1 and the appellant No.2 be reduced.

¶4It is submitted by the learned senior counsel for the appellants that the appellant No.1 is a poor and illiterate lady and she had no intention to mislead the Court and, therefore, the cost imposed upon her by the learned Single Judge be reduced. It is also submitted by the learned senior counsel for the appellants that the respondent No.2 has failed to disclose the facts regarding the pendency of the dispute in relation to the Succession Certificate of the deceased employee under the bonafide impression that the said matter is distinct from the prayer made in the writ petition filed on behalf of the appellant No.1 for grant of family pension.

¶5The learned senior counsel for the appellants has frankly admitted that there was a mistake on the part of the advocate but has submitted that the advocate has no intention to abuse the process of the Court.

¶6Having heard the learned counsel for the appellants and taking into consideration the facts and circumstances of the case, without going into the merits of the case, we dispose of this writ appeal while modifying the order of imposing cost of Rs.25,000/-, each, upon the appellant No.1 and the appellant No.2 and it is ordered that a cost of Rs.5,000/- is imposed upon the appellant No.1 and a cost of Rs.10,000/- is imposed upon Mr. S.C. Biswas, learned Page No.# 4/4 counsel, who represented the appellant No.1 in the aforementioned writ petition. The aforesaid cost be deposited in the name of the Gauhati High Court Bar Association Welfare Fund within a period of 10(ten) days from today.

¶7With the above modification, the writ appeal is disposed of.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/4 GAHC010111752024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/199/2024o NURoMOHALoBEGUMoANDoANRo W/OoLATEoABDULoBATENoSK.,oRESIDENToOFoVILLAGEoCHENGURCHAR,oPO PURANoDIARA,oPSoMANKACHAR,oDISToSOUTHoSALMARAoMANKACHARo ASSAMo783135 2:oSRIoSUBHASHoCHANDRAoBISWAS oADVOCATEoFORoWRIToPETITIONER oGAUHATIoHIGHoCOURT oGUWAHATIo78100o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo THROUGHoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM,oIRRIGATIONoDEPARTMENT,oDISPURoGUWAHATIo781006 2:THEoCHIEFoENGINEER oIRRIGATIONoDEPARTMENT oASSAM oCHANDMARI oGUWAHATIo03 3:THEoEXECUTIVEoENGINEER oMANKACHARoDIVISION oDISToSOUTHoSALMARAoMANKACHAR oASSAM o783135 4:THEoDIRECTORoOFoPENSION oASSAM oBANPHOOLoNAGAR Page No.# 2/4 DISPUR BASISTHAPUR GUWAHATI 781006 5:THE ACCOUNTANT GENERAL ( A AND E) ASSAM MAIDAMGAON KRISHNAPUR BELTOLA TINAILI GUWAHATI 78102 Advocate for the Petitioner : MR B D DAS Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE KARDAK ETE