Eyamin Khan v. The State of Assam and 4 Ors

ORDER Date : 23/10/2024

Ms. T. Som, learned counsel for the petitioner submits that in this writ petition, the order placing the petitioner under suspension has been put under challenge. However, during the pendency of this writ petition, the petitioner has been dismissed from service and the order of dismissal has been assailed in WP(C) 4930/2024, pending before this Court. If that be so, this writ petition has apparently become infructuous. Similar is the submission of Mr. C.K.S. Baruah, learned Government Advocate, Assam. At this stage, Ms. Som submits that the affidavit filed in the present writ petition may be relevant for the purpose of adjudicating the issues raised in WP(C) 4930/2024. Even if the said submission is accepted, even than, it would be open for the petitioner to bring those pleadings in the record of WP(C) 4930/2024 by taking appropriate steps but the same cannot be ground to keep an infructuous writ petition pending before this Court. Thus, by granting liberty to the petitioner, as above, this writ petition stands closed as infructuous.

JUDGE sukhamay Comparing Assistant

PageoNo.#o1/2 GAHC010219072021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7104/2021o EYAMINoKHANo S/OoSUKURoKHANo RESIDENToOFoVILLAGEoTARABARI,oPOoBAHARIHAT,oPSoTARABARI,oDISTo BARPETA,oASSAMo781301 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo TOoBEoREPRESENTEDoBYoTHEoCHIEFoSECRETARY,oDISPURoGUWAHATIo 781006 2:THEoCOMMISSIONER oLOWERoASSAMoDIVISION oPANBAZAR oGUWAHATI 3:THEoDIRECTORoOFoLANDoRECORDSoANDoSURVEYSoETC.. oASSAM oRUPNAGAR oGUWAHATIo781032 4:THEoDEPUTYoCOMMISSIONER oBARPETA oASSAMo781314 5:THEoCIRCLEoOFFICER oCHENGAoREVENUEoCIRCLE oBARPETA oASSAMo78130o Page No.# 2/2 Advocate for the Petitioner : MS. T SOM, MR. P TELI Advocate for the Respondent : GA, ASSAM, SC, REVENUE,MR R DHAR (R-1 to 5) BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM