Samad Ali v. The State of Assam and 4 Ors

ORDER Date : 29.07.2024

On 11.03.2022 when this matter was taken up for consideration, Mr. N. Upadhyay, learned counsel appearing for the Irrigation Department had produced a communication dated

03.02.2022, wherein, the petitioner was stated to have admitted the date of birth as now reckoned by the respondent authorities for the purpose of determining his date of superannuation. Today, Ms. A. Talukdar, learned Junior Govt. Advocate for the respondent has placed on record a communication dated 21.03.2022 received from the Additional Deputy Commissioner, Darrang, Mangaldai, wherein a communication dated 02.03.2022 of the Superintending Engineer, Mangaldai Circle (Irrigation) Mangaldai has been enclosed wherein, it was stated that the petitioner herein had filed an affidavit to the effect that he would not further pursue with the present proceedings and that he has accepted the date of his superannuation i.e.

31.12.2018. The said material is brought on record by the respondent authority and not being disputed by the petitioner herein, basing on the said premises, this writ petition is closed on account of non-prosecution of the same by the petitioner herein. Accordingly, the writ petition stands dismissed for non-prosecution. A copy of the communication dated 21.03.2022 as furnished by Mrs. A. Talukdar, learned counsel is kept on record and marked as Annexure "X" for identification.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010118472018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3716/2018o SAMADoALIo S/O.oLT.oMINNAToALI,oVILL.oBOTABARI,oP.S.oDOLGAON,oSUB-DIVISIONo MANGALDAI,oDIST.oDARRANG,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oIRRIGATIONoDEPTT.,o DISPUR,oGUWAHATI 2:THEoSECRETARY oTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoFINANCE oDISPUR oGHY. 3:THEoCHIEFoENGINEER. oIRRIGATION oASSAM oCHANDMARI oGUWAHATI 4:THEoSUPERINTENDINGoENGINEER oMANGALDAIoCIRCLEo(IRRIGATION) oMANGALDAI 5:THEoASSTT.oEXECUTIVEoENGINEER oMANGALDAIoSUB-DIVISIONo(IRRIGATION) oMANGALDAIoFORoINFORMATION. Page No.# 2/2 6:THE DISTRICT MAGISTRATE DARRANG DISTRICT ASSAM Advocate for the Petitioner : MR M J QUADIR Advocate for the Respondent : DR. B AHMED BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR