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2022 DAILYLAW 1569 (GAU)

ANIMA BARMAN v. THE STATE OF ASSAM AND 6 ORS

WP(C)/1192/2022 · 2026-05-19

Rajesh Mazumdar

Writ Petition (Civil)body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010028272022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1192/2022 ANIMA BARMAN W/O- LATE SURJYA BARMAN, R/O VILL- KOIHATI. PO- SHOLMARA. PS- BELSOR, DIST- NALBARI, ASSAM, PIN-781338 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SOIL CONSERVATION DEPARTMENT, RG BARUAH ROAD, GHY-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR SOIL CONSERVATION DEPARTMENT ASSAM R G BARUAH ROAD GHY ASSAM PIN-781005 4:THE ACCOUNTANT GENERAL (A AND E) MAIDAMGAON BELTOLA GUWAHATI-29 5:THE DIVISIONAL OFFICER SOIL CONSERVATION DIVISION NALBARI DIST- NALBARI Page No.# 2/4 ASSAM PIN-781335 6:THE TREASURY OFFICER DIST- NALBARI ASSAM PIN-781335 7:JYOSTNA BARMAN W/O- LATE SURJYA BARMAN VILL- KOIHATI PO-SOLMARA PS-BELSOR DIST- NALBARI ASSAM PIN-78133 Advocate for the Petitioner : MR. K R PATGIRI, MS. U HAZARIKA,MRS. C DAS Advocate for the Respondent : SC, SOIL CONSERVATION DEPTT., MR R ISLAM (R-7),MR R ISLAM (AS LEGAL-AID-COUNSEL FOR R-7),SC, FINANCE,SC, AG,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 20.05.2026 1. Heard Mr. K. R Patgiri, learned counsel appearing for the petitioner. Mr. R Islam appears as Legal Aid counsel for the respondent No.7, Mr. B Chakraborty, learned counsel appears for the respondent No.4 and Mr. B. Hazarika, learned counsel appears for the respondent No. 1, 3 and 5. 2. The matter was referred to mediation by the order dated 12.08.2025 and the learned mediator has informed this Court through the report dated 03.11.2025 that the parties reached an amiable settlement during the mediation process. 3. The relevant portion reflecting the agreement between both the parties of the Page No.# 3/4 mediation report is reproduced herein below: 1. That both the parties agreed to accept the Audit Enfacement No. PR 6/SOC/14/026457/2025/PEN 6/AL /026457 /779 dated 18.03.2025 under terms and conditions made in above Audit Enfacement No. PR -6/SOC/14/026457/2025/PEN 6/AL/026457/779 dated 18.03.2025. 2. That both the parties agreed that they will withdraw the above W.P (C) No. 1192/2022 pending before the Hon'ble Gauhati High Court. 3. That both the parties agreed that they will not claim in future upon each other relating to finalization of the arear and current monthly family pension and death benefits left by the husband of the petitioner or any other right, title, interest from today onwards. If either of the parties claim upon each in future, same shall not be sustainable in the eye of law. 4. That both the parties have agreed that they have made this agreement in sound mind and good health without any coercion from any corner and either of the parties will not file any case upon each other in future on the basis of instant disputes as urged in Mediation Case No. 291/2025 in reference to W.P (C) No. 1192/2022 pending before the Hon'ble Gauhati High Court (Principal Seat). 5. That both parties to this settlement agreement hereby agreed that they have carefully review this settlement agreement and this agreement has been based on their own statements as well as on the basis of above Audit Enfacement No. PR 6/SOC/14/026457/2025 /PEN 6/AL/026457/779 dated 18.03.2025. Further, both parties agreed to release the Mediator from any responsibility arising from the drafting of this settlement agreement. 6. That both the parties have agreed that in the event, any party breaches this mediation settlement agreement, this agreement will be admissible in any court Page No.# 4/4 of proceeding seeking its enforcement before any court of law. 7. That both parties agreed that in view of this settlement agreement entered between the parties, the parties will make prayer before the above Hon'ble Courts to dispose the aforementioned case in terms of this settlement agreement. 4. The learned counsel for the parties has submitted that the parties have indeed reconciled their issues, which the settlement has recorded in the report, and nothing remains in this writ petition to be adjudicated further. 5. Accordingly, this writ petition is closed, directing both parties to do their necessary part, in accordance with the settlement arrived before the mediation and as recorded in the report dated 03.11.2025. 6. The writ petition is accordingly disposed of, on settlement. JUDGE Comparing Assistant