Page No.# 1/3 GAHC010099452023 2025:GAU-AS:12629 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2723/2023 SHIVAM TRANSCON PRIVATE LIMITED- AMRIT KUMAR BURAGOHAIN (JV), HAVING ITS REGISTERED OFFICE AT REHANA MANSION, GROUND FLOOR, RATAN DEWAN ROAD, ULUBARI, GUWAHATI- 781007, ASSAM. REPRESENTED BY SHRI AMRIT KUMAR BURAGOHAIN, AGED ABOUT 45 YEARS, S/O- LATE BHUBAN CHANDRA BURAGOHAIN, R/O- BYE LANE NO. 3, H/NO.- 54, 4TH FLOOR, SHREE NAGAR, GUWAHATI- 771005, P.S. DISPUR. VERSUS THE GENERAL MANAGER- NORTH EAST FRONTIER RAILWAY AND 3 ORS. MALIGAON, GUWAHATI, ASSAM 781001. 2:THE DIVISIONAL RAILWAY MANAGER NORTH EAST FRONTIER RAILWAY TINSUKIA DIVISION TINSUKIA ASSAM. 3:THE SENIOR DIVISIONAL ENGINEER/C NORTH EAST FRONTIER RAILWAY TINSUKIA DIVISION TINSUKIA ASSAM. 4:THE SENIOR DIVISIONAL ENGINEER (WORKS) NORTH EAST FRONTIER RAILWAY Page No.# 2/3 TINSUKIA DIVISION TINSUKIA ASSAM For the Petitioner(s) : None appears For the Respondent(s) : Mr. B. Chakravarty, Dy.SGI BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 15.09.2025 It is seen that despite due intimation, the petitioner has not cared to appear through a counsel. Additionally, it is also seen from the affidavit-in-opposition filed by the respondents that the claims made by the petitioner in the instant writ petition has been disputed and the same cannot be adjudicated in a proceedings under Article 226 of the Constitution of India, unless evidence is taken. 2. Considering the above, this Court therefore is not inclined to exercise its jurisdiction under Article 226 of the Constitution of India, for which, the instant writ petition stands dismissed. 3. Liberty is given to the petitioner to approach the appropriate forum wherein evidence can be led and the period Page No.# 3/3 from 09.05.2023 till date be excluded while computing the period of limitation. JUDGE Comparing Assistant