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2025 DAILYLAW 14367 (GAU)

KRISHNA KANTA KAKATI v. THE STATE OF ASSAM AND 10 ORS

WP(C)/3629/2023 · 2025-08-12

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010130072023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3629/2023 KRISHNA KANTA KAKATI S/O- LATE BHADRA KANTA KAKATI, R/O- VILL.- GURIMARI, MOUZA- JORABARI, P.S. KAMPUR, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR PANCHAYAT AND RURAL DEVELOPMENT GOVT. OF ASSAM JURIPAR GUWAHATI. 3:THE DEPUTY COMMISSIONER NAGAON DIST. NAGAON ASSAM 4:THE ADDL. DEPUTY COMMISSIONER (REVENUE) NAGAON DIST. NAGAON ASSAM 5:THE CIRCLE OFFICER RAHA REVENUE CIRCLE DIST. NAGAON ASSAM Page No.# 2/4 6:THE PRESIDENT NAGAON ZILLA PARISHAD DIST. NAGAON ASSAM 7:THE CHIEF EXECUTIVE OFFICER NAGAON ZILLA PARISHAD DIST. NAGAON ASSAM 8:THE EXECUTIVE OFFICER RAHA ANCHALIK PANCHAYAT DIST. NAGAON ASSAM 9:THE BLOCK DEVELOPMENT OFFICER RAHA DEVELOPMENT BLOCK DIST. NAGAON ASSAM 10:THE PRESIDENT RAHA ANCHALIK PANCHAYAT DIST. NAGAON ASSAM 11:THE SECRETARY RAHA ANCHALIK PANCHAYAT DIST. NAGAON ASSA Advocate for the Petitioner : MR S DEKA, MR G SARMA Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 13-08-2025 Heard Shri S. Deka, learned counsel for the petitioner. Also heard Shri H. Sarma, the learned Addl. Senior Govt. Advocate, Assam and Shri S. Dutta, learned Standing Counsel, P&RD Department. The writ petition has been instituted with the following relief: “In the premises aforesaid, it is humbly prayed that Your Lordships would graciously be pleased to: (I) Admit this writ petition; (II) Call for the record; (III) issue a Rule, calling upon the respondents to show causes or causes as to why impugned Tender Notice No. RAP/A-56/2023-24/2284-99, dated 09.05.2023 be not stayed till disposal of the instant writ petition. (IV) issue a writ in the nature of mandamus and/or certiorari directing the respondents to dispose of the representation, dated 19.05.2023 and upon cause or causes being shown and after hearing the parties make the rule absolute and/or pass such order/orders as Your Lordships may deem fit and proper for the ends of justice. AND In the interim, during the pendency of the writ petition, Your Lordships may be pleased to stay the impugned Tender Notice No. RAP/A-56/2023-24/2284-99, dated 09.05.2023 issued by the respondent No. 10 and/ or pass such other order/ orders as Your Lordships may deem fit and proper for the ends of justice. And for this act of kindness the petitioner as in duty bound shall ever pray.” It however transpires that the tender notice dated 09.05.2023 which was the Page No.# 4/4 subject matter of challenge was acted upon and in the meantime, more than 2 years have passed. This Court has also noted that while issuing notice on 22.06.2023, no interim order was passed. However, there is another part in the prayer relating to consideration and disposal of the representation dated 19.05.2023. Taking into account, the aforesaid facts and circumstances, this Court is of the opinion that by lapse of time, the substantial relief sought for has become infructuous and accordingly, the writ petition is closed. It is however observed that if the representation dated 19.05.2023 has not been disposed of till now, the same be taken up for consideration and disposed of in accordance with law. Writ petition stands disposed of. JUDGE Comparing Assistant