Sanjay Kumar Das v. The State of Assam and 5 Ors

ORDER

02.08.2024

Heard Shri J.I. Barbhuiya, learned counsel for the petitioner. Also heard Shri R.M. Das, learned Standing Counsel, Water Resource Department. Shri Das, the learned Standing Counsel has referred to the earlier order dated 17.07.2024 on the issue of the objection raised on the maintainability of the writ petition which is hit by the principles of res judicata. Shri J.I. Barbhuiya, learned counsel however submits that an issue has been raised in this case on the validity of the departmental proceeding itself. In the considered opinion of this Court, the said issue can also be decided in the pending writ petition being WP(C)/3583/2024 in which notices has been issued and records have been called for. In view of the above, this Court is of the opinion that separate petition is Page No.# 3/3 not required or even maintainable. Writ petition accordingly stands closed. The petitioner would be at liberty to take additional grounds of challenge if required by filing additional affidavit. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010120452024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3154/2024o SANJAYoKUMARoDASo S/O-oLATEoSIBAoNATHoDAS,oR/O-oCHANDANPUR,oWARDoNO.o8,oBARPETAo ROADoTOWN,oP.O.oBARPETAoROAD,oP.S.oBARPETAoROAD,oDIST.oBARPETA,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oWATERoRESOURCESoDEPARTMENT,oDISPUR,oGUWAHATI-781006. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oWATERoRESOURCESoDEPARTMENT oDISPUR oGUWAHATI-781006. 3:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oBASISTHAoGUWAHATI-781029 oDIST.oKAMRUP(M) oASSAM 4:THEoSUPERINTENDINGoENGINEER oLOWERoASSAMoCIRCLE oWATERoRESOURCESoDEPARTMENT oCHANDMARI oGUWAHATI-781003 oDIST.oKAMRUP(M) oASSAM 5:THEoEXECUTIVEoENGINEER oBONGAIGAONoWATERoRESOURCESoDIVISION Page No.# 2/3 WATER RESOURCES DEPARTMENT BORPARA BONGAIGAON ASSAM PIN- 783380. 6:LAKSHMI KANTA BARMAN THE THEN ASSISTANT EXECUTIVE ENGINEER CHAPAR INVESTIGATION SUB-DIVISION WATER RESOURCES DEPARTMENT CHAPAR CUM ENQUIRY OFFICER Advocate for the Petitioner : MR. J I BORBHUIYA, MRS. K H CHOUDHURY,MR. L MOHAN Advocate for the Respondent : SC, WATER RESOURCE, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI