Nakibur Jaman v. The State of Assam and 6 Ors

ORDER Date : 07.08.2024

Heard Mr. A. Mobaraque, learned counsel for the petitioners. Also Page No.# 3/4 heard Mr. S. S. Roy, learned counsel appearing for the State respondents. At the outset, Mr. S. S. Roy, learned counsel has submitted that the present writ petition is not maintainable, inasmuch as the petitioner, herein, has suppressed the fact that he and his wife both are working as Assistant Teachers in a provincialized school. This fact is not disputed by the learned counsel for the petitioners. In that view of the matter, the petitioner has disentitled himself for a consideration in the matter, on its merits. Poised thus, the learned counsel for the petitioner submits that he be permitted to withdraw the present petition and prays that the non-disclosure of the service particulars of the petitioner, was on account of an inadvertent error and prays the same may be condoned. It is seen that the petitioner had not disclosed his service particulars in the matter and the fact that he was serving as an Assistant Teacher of a provincialized school at the time of the institution of the present proceeding, was not disclosed. The petitioner had only projected that he was earning his livelihood by operating his shop, which was over the disputed land. However, considering the contention of the learned counsel for the petitioner that an inadvertent error had occasioned in the matter, this Court is not imposing any costs on the petitioner, in this connection. Accordingly, the prayer of the learned counsel for the petitioner for withdrawal of the present proceeding is accepted and the writ petition stands dismissed, however, it is clarified that no liberty is granted to the Page No.# 4/4 petitioner to re-file the matter on the same issue. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010223802022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7054/2022o NAKIBURoJAMANo S/O-oLATEoMAKSHEDoALI,o R/O-oD.D.oROAD,oNALBARI,o WORDoNO.-o4,o P.O.-oNALBARI,o P.S.-oNALBARI,o DIST.-oNALBARI,oASSAM,o PIN-o781337. VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o REVENUEoDEPARTMENT,o DISPUR,oGUWAHATI-o06. 2:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oPUBLICoWORKSoDEPARTMENT o DISPUR oGUWAHATI-06. 3:THEoDEPUTYoCOMMISSIONER oNALBARI oASSAM oPIN-o781337. 4:THEoCIRCLEoOFFICER oNALBARIoREVENUEoCIRCLE oDIST.-oNALBARI oASSAM oPIN-o781337. Page No.# 2/4 5:THE NALBARI MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN NALBARI ASSAM PIN- 781337. 6:THE CHIEF EXECUTIVE OFFICER NALBARI MUNICIPAL BOARD NALBARI ASSAM PIN- 781337. 7:ASSAM DIPLOMA ENGINEERS SERVICE ASSOCIATION REPRESENTED BY ITS ZONAL SECRETARY NALBARI (PHE) CIRCLE NALBARI ASSAM PIN- 781337 Advocate for the Petitioner : MR. A MOBARAQUE, MR. A HUSSAIN Advocate for the Respondent : SC, REVENUE, SC, MUNICIPAL AUTHORITIES,MS. N BORDOLOI, REVENUE DEPTT.,MR H SARMA, GA, ASSAM,MD S ULLAH (r-6),MR S C PANDIT (r-6),SC, PWD,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR