Mamoni Borboruah Borgohain v. The State of Assam and 4 Ors. E

ORDER

24.05.2024 (Vijay

Bishnoi, CJ) This Writ Appeal is filed by the appellant being aggrieved by the order dated

01.06.2023 passed by the learned Single Judge in WP(C) No.1451/2013. The appellant has approached this Court by way of filing the writ petition with the prayer to direct the respondents to pay the arrear amount due to his father who was an employee of the Assam Powerloom Development Corporation Ltd. It appears that in earlier litigation initiated at the instance of the father of the appellant, this Court had issued a direction for payment of the arrears to the father of the appellant. Later on, in those proceedings it was adjudicated that an amount of Rs.5,92,550.00 was to be paid to the father of the appellant. The learned Single Judge has observed that after deducting the House Building Advance as well as interest charges, a total amount of Rs.3,66,520/- was paid to the father of the appellant and he has furnished an undertaking on 15.05.2012 that he had no other entitlement from the respondent Corporation. The learned Single Judge has observed that once appellant's father has received the amount without any demurrer, the filing of the writ petition by the appellant is misconceived and therefore, no relief can be granted. Page No.# 3/3 Having gone through the impugned order as well as the material available on record, we do not find any illegality in the impugned order passed by the learned Single Judge. Hence, this Writ Appeal is dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010180452023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/69/2024o MAMONIoBORBORUAHoBORGOHAINo D/O-oLATEoJITENoBARBARUAHoR/O-oGHORAMARAoCHARIALI,oBARSAJAI,o NIRIBILIoPATH,oHOUSEoNO.o8oP.OoBELTOLAo,oP.S.-oBASISTHA,oDIST.-o KAMRUPoM,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.oEo REP.oBYoTHEoCOMMISSIONERoandoSECY.oTOoTHEoGOVT.oOFoASSAM,oDEPTT.o OFoPUBLICoENTERPRISE,oDISPUR,oGHY-o6,oASSAM. 2:THEoCOMMISSIONERoandoSECY.oTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoINDUSTRYoANDoCOMMERCE oDISPUR oGHY-o6 oASSAM. 3:THEoSECY.TOoTHEoGOVT.oOFoASSAM oFINANCEoAoDEPTT. oDISPUR oGHY-o6. 4:THEoDIRECTORoOFoINDUSTRYoANDoCOMMERCE oUDYOGoBHAWAN oBAMUNIMAIDAM oGHY-o21. 5:THEoMANAGINGoDIRECTOR oASSAMoPOWERLOOMoDEVELOPMENToCORPORATIONoLTD. oREP.oBYoITSoMANAGINGoDIRECTOR oMR.oKAMALoGOSWAMI oR.G.oBARUAHoROAD Page No.# 2/3 GUWAHATI PIN- 781005 Advocate for the Petitioner : MR. B PHUKAN Advocate for the Respondent : SC, FINANCE BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM