Page No.# 1/4 GAHC010139802021 2025:GAU-AS:2731 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4485/2021 SUNITA PARBIN BARBHUIYA W/O- LT. MOZRUL HOQUE BARBHUIYA, R/O- VILL- RUKNI PT-I, P.O. PALONGHAT AND P.S. DHOLAI, DIST.- CACHAR, ASSAM- 788116 VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, BLOCK-C, 3RD FLOOR, JANATA BHAWAN, DISPUR, GHY-06, DIST.- KAMRUP (M), ASSAM 2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPTT. DISPUR GHY-06 3:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GHY-07 4:THE SUPERINTENDENT OF POLICE CACHAR ASSAM OFFICE OF THE SUPERINTENDENT OF POLICE CACHAR SILCHAR ASSAM 788001 5:THE STATE OF MIZORAM REP. BY THE CHIEF SECRETARY Page No.# 2/4 NEW SECRETARIAT COMPLEX AIZAWL MIZORAM- 796001 6:THE DIRECTOR GENERAL OF POLICE MIZORAM POLICE HEADQUARTERS KHATLA KAWN KHATLA AIZAWL MIZORAM- 796001 7:THE SUPERINTENDENT OF POLICE KOLASIB MIZORAM POLICE COMPLEX KHUANGPUILAM VENGTHAR KOLASIB MIZORAM- 796082 8:THE CENTRAL BUREAU OF INVESTIGATION REP. BY ITS DIRECTOR BLOCK NO.3 CGO COMPLEX LODHI ROAD NEW DELHI- 110003 9:THE NATIONAL INVESTIGATION AGENCY CGO COMPLEX LODHI ROAD NEW DELHI- 11000 Advocate for the Petitioner : MR. P MAHANTA, MR A KHARSOHUM,MR. R B GOHAIN Advocate for the Respondent : GA, ASSAM, SC, CBI,SC, NIA,GA, MIZORAM BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 17-03-2025 1. Heard Mr. P. Mahanta, learned counsel for the petitioner and Mr. K. Konwar, Page No.# 3/4 learned Additional Advocate General, Assam for the respondent Nos. 1 to 4. Also heard Mr. P. Bhattacharjee, learned Additional Advocate General, Mizoram for the respondent Nos.5 to7. 2. The present writ petition is filed with the following prayer :- (i) Mandamus shall not be issued to hand over the investigation of Dholai P.S. Case No. 236/2021 and similar/parallel investigations in the State of Mizoram to an independent agency such as the CBI or the NIA or constitute a Special Investigation Team to investigate the said incident. 3. Similar issue was raised in PIL No. 44/2021 (Jitul Deka Vs. the State of Assam and 9 others). The aforesaid PIL was filed seeking a writ of mandamus for transferring or handing over the investigation of FIRs registered in the States of Assam and Mizoram to CBI and NIA. Similar is the prayer herein and relatable to the investigation arising out of border disputes between two States i.e., Assam and Mizoram. 4. The aforesaid PIL was disposed of by the Division Bench under its order dated 03.01.2023 on the submissions of both the learned Advocate Generals that both the State governments are making an endeavour to amicably resolve the inter- State border disputes between Assam and Mizoram. 5. It is important to note that the present writ petition was also taken up together along with PIL No. 44/2021 for hearing. 6. In the para 8 of the aforesaid order dated 03.01.2023 passed in PIL No. 44/2021 by which the PIL was closed after hearing the learned Advocate Generals as recorded hereinabove, the Division Bench clarified that the order of aforesaid PIL shall not in any manner affect the rights of the petitioner herein and the issue of compensation is kept open. Page No.# 4/4 7. It is submitted that the compensation has already been paid to the petitioner herein for the death of her husband, a government employee. 8. In view of the aforesaid, this Court is of the considered opinion that nothing survives to be adjudicated in this petition. Accordingly, this petition stands closed being infructuous. JUDGE Comparing Assistant