Arshad Saquei v. The State of Assam and 6 Ors

ORDER

27.02.2024

When the writ petition was listed on 22.02.2024, this Court passed the following order :-

Mr. M.J. Gogoi, learned counsel representing Mr. A.K. Das, learned counsel has submitted that submitted that the brief of the case has already been taken back by the Page No.# 3/3 petitioner from Mr. A.K. Das. He has, thus, submitted that the names of Mr. A.K. Das, Mr. B. Sinha and Ms. J. Bhuyan be struck off from the cause-list as they are no longer representing the petitioner. Mr. S. Bora, learned Standing Counsel, GDD and GMDA for the respondent nos. 1 & 2; Mr. S. Baruah, learned Standing Counsel, PCBA for the respondent no. 3; Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 4, 5 & 6; and Mr. R.K. Jain, learned counsel for the respondent nos. 7, 8 & 9 are in attendance and have jointly submitted that, otherwise too, there is no cause of action has survived in the writ petition. Be that as it may. As the petitioner is found not represented today, list the case, for ends of justice, on 27.02.2024.

¶2When the writ petition is called for hearing today, there is no representation on behalf of the petitioner.

¶3Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 4, 5 & 6; and Mr. R.K. Jain, learned counsel for the respondent nos. 7, 8 & 9 who were in attendance on the previous date of listing, are also in attendance today.

¶4Mr. Jain, learned counsel for the respondent nos. 7, 8 & 9 has reiterated his submission that no cause of action has survived in this writ petition. Be that as it may.

¶5In view of absence of the petitioner on two consecutive occasions, this Court is persuaded to take a view that the petitioner is not interested to pursue the instant writ petition. Accordingly, the writ petition is dismissed for non-prosecution.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010114332016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3903/2016o ARSHADoSAQUEIo S/OoLT.oM.oSAQUEIoR/OoA.T.oROAD,oADABARIoP.S.oJALUKBARIoGUWAHATIo-o 781014,oDIST.KAMRUPoM,oASSAM VERSUSo THEoSTATEoOFoASSAMoando6oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARY,oGUWAHATIo DEVELOPMENToDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoCHIEFoEXECUTIVEoOFFICER oGUWAHATIoMETROPOLITANoDEVELOPMENToAUTHORITYoGMDAo BHANGAGARH oGUWAHATI-5. 3:THEoMEMBERoSECRETARY oPOLLUTIONoCONTROLoBOARDoASSAM oBAMUNIMAIDAM oGUWAHATI-oDIST.oKAMRUPoM oASSAM. 4:THEoLABOURoCOMMISSIONER oASSAMoGOVT.oLABOURoANDoEMPLOYMENT oGOPINATHoNAGAR oB.K.oKAKATIoROAD oGUWAHATIo-16. 5:THEoCOMMISSIONER oPOLICEoCOMMISSIONERATE Page No.# 2/3 KAMRUP METRO GUWHATI - 781001. 6:THE OFFICER-IN-CHARGE JALUKBARI POLICE STATION JALUKBARI GUWAHATI -14 DIST. KAMRUP M ASSAM. 7:NCS ESTATES PRIVATE LIMITED HAVING ITS REGISTERED OFFICE 20 MOULANA ABUL KALAM AZAD ROAD HOWRAH- 711101 REP. BY ITS DIRECTOR SUNIL SARAWGI SUNIL AUTOMOBILES SRCB ROAD GUWAHATI - 781001 ASSAM INDIA. 8:SRI SURENDRA SARAWGI C/O NCS TRAVELS and TOURS PVT LTD SRCB ROAD FANCY BAZAR GUWAHATI. 9:MR VIKASH SARAWGI C/O NCS TRAVELS and TOURS PVT. LTD SRCB ROAD FANCY BAZAR GUWAHATI Advocate for the Petitioner : MR. A K DAS Advocate for the Respondent : MR. R K JAIN (R - 7, 8 & 9) BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY