Guwahati Kabarstan Committee and Anr v. The State of Assam and 5 Ors

ORDER Date : 03-01-2024 Heard Mr. W. Rahman, learned counsel appearing on behalf of the petitioners. From a perusal of the writ petition it reveals that the relief which has been sought for in the writ petition is to give effect to the enquiry report dated

04.11.2016 and to ensure handing over the charge of the Guwahati Kabarsthan Committee to the petitioners enabling them to perform their functions and to manage the affairs of the Executive Committee of the Guwahati Kabarsthan Committee. The instant writ petition was filed on 04.05.2017. Thereupon, on 07.06.2017 this Court issued notice to the respondents and further directed that pendency of the writ petition shall not constitute a bar for the respondent authorities to take appropriate action in the matter in accordance with law. Ms. U. Das, learned Additional Senior Government Advocate, appearing on behalf of the State respondents has submitted that pursuant to the order dated Page No.# 3/3

07.06.2017, the District Magistrate, Kamrup Metropolitan District, passed an order dated 20.06.2016 whereby the enquiry report dated 04.11.2016, so submitted by Sri Gunajeet Kashyap, ACS, Additional Deputy Commissioner, Kamrup Metropolitan District, was given effect to and the Committee headed by the petitioners herein, i.e. Jamal Ahmed and Inamul Rahman as the President and General Secretary, respectively, was declared to be legitimate and they were allowed to hold the charge of the Guwahati Kabarsthan Committee with immediate effect. In this regard, the learned Additional Senior Government Advocate has placed before this Court a written instruction dated 20.06.2017, issued by the District Magistrate, Kamrup Metropolitan District, which is kept on record and marked with the letter "X". Taking into account the order dated 20.06.2017 issued by the District Magistrate, Kamrup Metropolitan District, this writ petition therefore requires no further adjudication. Accordingly, the writ petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010235922017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2816/2017o GUWAHATIoKABARSTANoCOMMITTEEoandoANR.o AATHGAON,oGUWAHATI,oREPRESENTEDoBYoITSoPRESIDENToMD.oJAMALo AHMED,oS/O-oLATEoSALEHoKAZIM,oR/O-oFAoROAD,oKUMARPARA,oNEARo RLYoGATEoNO.6,oGUWAHATI-01,oKAMRUPM,oASSAM 2:oMD.oINAMULoRAHMAN oS/O-oMD.oZAMALoALI oR/O-oF.AoROAD oKUMARPARA oGUWAHATI-01 oKAMRUPM oASSAo VERSUSo THEoSTATEoOFoASSAMoando5oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVTo OFoASSAM,oDEPARTMENToOFoHOME,oDISPUR,oGUWAHATI-6 2:THEoDEPUTYoCOMMISSIONER oKAMRUPM oGUWAHATI-1 3:THEoASSISTANToCOMMISSIONERoOFoPOLICE oJALUKBARIoDIVISION oGUWAHATI 4:THEoOFFICER-IN-CHARGE oBHARALUMUKHoP.SoGUWAHATI oASSAM 5:MD.oMEERoASHIQUEoHUSSAIN oS/O-oLATEoISHAFAQUEoAHMED oR/O-oKAMARoPATTY Page No.# 2/3 FANCY BAZAR GUWAHATI- 01 6:MD. ZAMIRUDDIN AHMED S/O- MD. SELIMUDDIN AHMED R/O- SS COMLEX S J ROAD AATHGAON GUWAHATI- 0 Advocate for the Petitioner : MR.S CHOUDHURY Advocate for the Respondent : FOR CAVEATOR BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH