Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010285052019
2025:GAU-AS:129
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8541/2019 KALPANA BARUWA W/O. LT. KHIRODA KANTA BARUWA, R/O. NABIN BHAWAN, LAMB ROAD, GUWAHATI-781001. VERSUS THE STATE OF ASSAM AND 7 ORS. REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI-06. 2:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GUWAHATI-06. 3:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE KAMRUP (M) DISTRICT GUWAHATI ASSAM. 4:THE CIRCLE OFFICER (A) AND EXECUTIVE MAGISTRATE KAMRUP (M) GUWAHATI ASSAM. 4:A) THE SUPERINTENDENT OF POLICE
Page No.# 2/4 CHIEF MINISTERS SPECIAL VIGILANCE CELL ASSAM SWATANTRA SENANI BHAWAN RUPNAGAR GUWAHATI 781032 5:STUDIO NILIMA A REGD. SOCIETY REP. BY SMT. ABANTI DUTTA 2ND FLOOR NABIN BHAWAN LAMB ROAD GUWAHATI-01. 6:THE MATI CENTRE REP. BY SRI RISHIRAJ SARMA NABIN BHAWAN LAMB ROAD GUWAHATI-01. 7:THE CORNER CAFE REP. BY SRI ABHISEK BARUWA NABIN BHAWAN LAMB ROAD GUWAHATI-01. 8:THE BAE-RYANI REP. BY SRI ABHISEK BARUWA NABIN BHAWAN LAMB ROAD GUWAHATI-01 For the Petitioner(s) : Mr. K. N. Choudhury, Sr. Advocate
: Ms. N. Mahanta, Advocate
For the Respondent(s) : Ms. M. Barman, Jr. Government Advocate : Mr. A. Bhattacharjee, Standing Counsel
Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 06.01.2025
Heard Mr. K. N. Choudhury, the learned Senior counsel assisted by Ms. N. Mahanta, the learned counsel appearing on behalf of the Petitioner and Mr. A. Bhattacharjee, the learned Standing counsel appearing on behalf of the Respondent Nos. 1 and 2. I have also heard Ms. M. Barman, the learned Junior Government Advocate appearing on behalf of the Respondent Nos. 4 and 4A. 2. The Petitioner herein has assailed the notice dated 16.11.2019 issued by the Circle Officer, Guwahati Revenue Circle whereby the property mentioned therein was attached pursuant to an order dated 10.10.2019 passed by the learned Special Judge, Assam, Guwahati in connection with C.M.’s SVC P. S. Case No.9/2017. 3. This Court has also perused the order dated 10.10.2019 which is a part of I.A.(Civil) No.125/2020. It appears that the exercise of jurisdiction by the Circle Officer is on the basis of the order dated 10.10.2019 passed by the learned Special Judge, Assam, Guwahati. It is however seen that the order dated 10.10.2019 has not been challenged.
Under such circumstances, the question of interfering with the impugned notice dated 16.11.2019 by this Court would not arise. 4. Accordingly, the writ petition stands dismissed. 5. Be that as it may, this Court however observes that dismissal of the writ petition shall not preclude the Petitioner to challenge the order dated 10.10.2019 passed by the learned Special Judge, Assam, Guwahati in
Page No.# 4/4 connection with C.M.’s SVC P. S. Case No.9/2017as well as other subsequent orders, if so advised. JUDGE Comparing Assistant