Musstt Anowara Khatun v. The State of Assam and 5 Ors

ORDER Date : 01.04.2024

Heard Mr. J. Kalita, learned counsel for the petitioner. Mr. A. Chakraborty, learned Government Advocate for respondent Nos. 1 to 4; Mr. B. Chakraborty, learned Standing counsel, Accountant General. Issue Notice Returnable after 4(four) weeks. It is submitted that this review petitioner was arrayed as respondent No.6 in WP(C)/7022/2023, which was disposed of on 09.01.2024 at the motion stage without issuing notice to the present review petitioner. It was submitted that the private respondent No.6 is the second wife of late Joymal Abedin Sheikh and the review petitioner is the first wife. It is submitted that the second wife who approached this Court by filing the writ petition being WP(C)/7022/2023 did not disclose before the Court that she was also a Government employee and did not require any maintenance and therefore, the order dated 09.01.2024 passed in WP(C)/7022/2023 by which the Page No.# 4/4 writ petition was disposed of relegating the petitioner to approach the departmental authority was passed as there was suppression of material facts by the private respondent. Accordingly, the present review petition has been filed. Issue Notice Returnable after 4(four) weeks. Since the learned Standing counsels appears, Notices waived, however, extra copies be furnished within a period of 1 (one) week from today. Steps be taken on respondents by Registered Post with A/D as well as by usual course. Dasti is also permitted.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010028932024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./39/2024o MUSSTToHASINAoBEGUMo W/O-oLT.oJOYMALoABEDINoSHEIKH,oR/O-oHARAPUTA,oP.O.oHARAPUTA,oP.S.o GOSAIGAON,oDISTRICT-oKOKRAJHAR,oBTR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo PRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oTOoTHEo DEPARTMENToOFoHOMEoANDoPOLITICAL,oASSAM,oDISPUR,oGUWAHATI-6 2:THEoDIRECTORoGENERALoOFoPOLICE oHEADQUARTER-oULUBARI oGUWAHATI-7 3:THEoADDITIONALoDIRECTORoGENERALoOFoPOLICE oAPRO oHEADQUARTER-oULUBARI oGUWAHATI-7 4:INSPECTORoGENERALoOFoPOLICEo(COMMUNICATION) oASSAM oHEADQUARTER-oULUBARI oGUWAHATI-7 5:THEoACCOUNTANToGENERAL oMAIDAMoGOAN oBELTOLA oGUWAHATI-21 6:MUSSTToANOWARAoKHATUN oS/OoLATEoSUBALoCHANDRAoRAYo RESIDENToOFoVILLAGEoLALKURA Page No.# 2/4 PO SAHEBGANJ PS GAURIPUR DIST DHUBRI ASSAM 78333 Advocate for the Petitioner : MR. J KALITA Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/7022/2023 MUSSTT ANOWARA KHATUN W/O- LT. JOYNAL ABEDIN SHEIKH R/O- KAZIPARA PT-I (AZAD NAGAR) P.S. AND P.O.- CHAPAR DISTRICT- DHUBRI ASSAM PIN CODE- 783301 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF HOME AND POLITICAL ASSAM DISPUR GUWAHATI-6 2:THE DIRECTOR GENERAL OF POLICE HEADQUARTER- ULUBARI GUWAHATI-7 3:THE ADDITIONAL DIRECTOR GENERAL OF POLICE APRO HEADQUARTER- ULUBARI GUWAHATI-7 4:INSPECTOR GENERAL OF POLICE (COMMUNICATION) ASSAM HEADQUARTER- ULUBARI GUWAHATI-7 5:THE ACCOUNTANT GENERAL MAIDAM GOAN Page No.# 3/4 BELTOLA GUWAHATI-21 6:MUSTT. HASINA BEGUM W/O- LT. JOYMAL ABEDIN SHEIKH R/O- HARAPUTA P.O. HARAPUTA P.S. GOSAIGAON DISTRICT- KOKRAJHAR BTR ASSAM ------------ Advocate for : MR P KATAKI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA