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2025 DAILYLAW 10686 (GAU)

MITRA CHAKRABORTY (KANU) v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/2107/2024 · 2025-02-09

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010077142024 2025:GAU-AS:1384 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2107/2024 MITRA CHAKRABORTY (KANU) W/O- DULAN CHAKRABORTY, RESIDENT OF HOUSE NO. 15, NILANJANA APARTMENT, 4TH FLOOR, AMBICAPATTY, SILCHAR, ASSAM- 78.. VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-06. 2:THE LEGAL REMEMBERANCER AND SECRETARY TO THE GOVERNMENT OF ASSAM JUDICIAL DEPARTMENT DISPUR GUWAHATI ASSAM PIN- 781006. 3:THE GAUHATI HIGH COURT REPRESENTED BY THE REGISTRAR GENERAL GAUHATI HIGH COURT AT GUWAHATI ASSAM PIN- 781001. 4:THE DISTRICT AND SESSIONS JUDGE CACHAR Page No.# 2/3 SILCHAR ASSAM PIN- 788001. 5:THE SELECTION BOARD CONSTITUTED PURSUANT TO THE ADVERTISEMENT DATED 10.08. 2022 C/O- THE DISTRICT AND SESSIONS JUDGE CACHAR SILCHAR ASSAM PIN- 788001. 6:LITON DEB LAST PLACED GDN/UR CANDIDATE AND SELECTEE TO POST OF GRADE- IV STAFF C/O- ESTABLISHMENT OF THE DISTRICT AND SESSIONS JUDGE CACHAR SILCHAR ASSAM PIN- 788001 Advocate for the petitioner(s): Mr. N Baruah Advocate for the respondent(s): Mr. G Baishya Mr. S Das B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 10.02.2025 Page No.# 3/3 Mr. N Baruah, the learned counsel appearing on behalf of the petitioner submits that there are certain formal defects in not arraying some of the selected candidates. He, therefore, submitted that he may be permitted to withdraw the writ petition with a liberty to re-file. 2. Taking into account the above as well as also upon perusal of the pleadings, it is the opinion of this Court that without arraying the affected parties i.e. the selected candidates, the instant writ proceedings cannot be proceeded with. 3. Accordingly, this Court permits the withdrawal of the instant writ petition and also further grants liberty to the petitioner to file the writ petition a fresh thereby removing the formal defects. The liberty as granted above shall be confined to a period of 30(thirty) days from today. JUDGE Comparing Assistant