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2025 DAILYLAW 27897 (GAU)

MD AZIZUL HAQUE AND ANR v. THE STATE OF ASSAM ANDORS

MC/43/2025 · 2025-10-23

Rajesh Mazumdar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010189222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/43/2025 MD AZIZUL HAQUE AND ANR S/O- ABDUL JALIL, R/O- VILL- ASHI NAGAR, P.O. NILBAGAN, P.S. DABOKA, DIST.- HOJAI, ASSAM, PIN- 782445 2: MD IJAZUL HOQUE S/O- ABDUL JALIL R/O- VILL- ASHI NAGAR P.O. NILBAGAN P.S. DABOKA DIST.- HOJAI ASSAM PIN- 78244 VERSUS THE STATE OF ASSAM ANDORS REP. BY THE CHIEF SECRETARY, GOVT. OF ASSAM, DISPUR, GHY-6, ASSAM 2:THE SECRETARY HOME DEPTT. GOVT. OF ASSAM DISPUR GHY-6 ASSAM 3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM HEALTH DEPTT. DISPUR GHY-6 ASSAM 4:THE DIRECTOR GENERAL OF POLICE ULUBARI Page No.# 2/4 GHY-07 KAMRUP (M) ASSAM 5:THE DY. COMMISSIONER DIBRUGARH AT DIBRUGARH DIST.- DIBRUGARH ASSAM PIN- 786003 6:THE SUPERINTENDENT OF POLICE DIBRUGARH AT DIBRUGARH DIST.- DIBRUGARH ASSAM PIN- 786192 7:THE OFFICER-IN-CHARGE DIBRUGARH P.S. AT DIBRUGARH DIST.- DIBRUGARH ASSAM PIN- 786001 8:THE OFFICER-IN-CHARGE BARBARI OUTPOST DIBRUGARH DIST.- DIBRUGARH ASSAM PIN- 786002 9:THE PRINCIPAL OF ASSAM MEDICAL COLLEGE DIBRUGARH DIST.- DIBRUGARH ASSAM PIN- 786002 10:THE SUPERINTENDENT OF THE OLD BOYS HOSTEL-3 AT DIBRUGARH DIST.- DIBRUGARH ASSAM PIN- 78600 Advocate for the Petitioner : MR H K J AHMED, MR. N K MURRY Advocate for the Respondent : GA, ASSAM, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 24.10.2025 Heard Ms. D. Sinha, learned counsel for the applicant. 2. This Misc Case has been preferred by the applicant, who are the petitioners in WP(C) No. 3768/2021. The writ petition No. 3768/2021, had been dismissed on 14.07.2025, for non-prosecution as there was no representation on behalf of the petitioners on two days namely, 09.06.2025 and 14.07.2025. 3. The learned counsel for the applicant has submitted that the absence of the aforesaid two dates by the counsel for the writ petitioners was wholly un- intentional due to oversight and presently the said counsel has issued a No Objection Certificate to the writ petitioners to engage any other counsel to appear in the matter. Accordingly, on engagement of a new counsel, this Misc Case has been filed. 4. Mr. B. J. Talukdar, learned Sr. Advocate assisted by Mr. P. K. Medhi, who appear for the respondent Nos. 1, 2, 4, 5, 6, 7 and 8, submits that the grounds put forth in the Misc Case do not require a rebuttal and since the matter relates to the issue of a missing student, there is no objection for restoration of the writ petition for adjudication. He has however, pointed out that already an Page No.# 4/4 investigation has been carried out and a final report No. 1012 of 2021 dated 30.10.2021, had been placed on record before this Court. 5. Considering the grounds given in the Misc Case for restoration of the writ petition, the Misc Case is allowed and the writ petition is restored to its original number. 6. The Misc Case is disposed of. JUDGE Comparing Assistant