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2025 DAILYLAW 7732 (GAU)

RUMA DEY BISWAS v. THE STATE OF ASSAM AND 10 ORS

WP(C)/915/2023 · 2025-05-18

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010033422023 2025:GAU-AS:6237 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/915/2023 RUMA DEY BISWAS WIFE OF KHELON DEY BISWAS (MISSING SINCE 03.09.2021), RESIDENT OF HOUSE NO. 53, B/L 9, KAHILIPARA HILL SIDE, P.O.- BINOVANAGAR, GUWAHATI- 781018, KAMRUP(METRO), ASSAM. VERSUS THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, TRANSPORT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT AND COMMISSIONER OF TRANSPORT E BLOCK GROUND FLOOR JANATA BHAWAN DISPUR AND PARIBAHAN BHAWAN KHANAPARA-22. 3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT BLOCK-D 4TH FLOOR JANATA BHAWAN DISPUR Page No.# 2/5 GUWAHATI-6. 4:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT BLOCK-D 4TH FLOOR JANATA BHAWAN DISPUR GUWAHATI-6. 5:THE DISTRICT TRANSPORT OFFICER DISTRICT TRANSPORT OFFICE KAMRUP(M) R AND L BETKUCHI N.H. 37 GUWAHATI- 34. 6:THE INDIAN OIL CORPORATION LIMITED REPRESENTED BY THE CHAIRMAN CUM MANAGING DIRECTOR IOCL HAVING ITS REGD. OFFICE AT INDIAN OIL BHAVAN G-9 ALI YAVAR JUNG MARG BANDRA EAST MUMBAI- 400051. 7:THE EXECUTIVE DIRECTOR INDIAN OIL CORPORATION (AOD) INDIAN OIL BHAWAN SECTOR-III NOONMATI GUWAHATI-20. 8:THE DGM (LPG-OPS) INDIAN OIL BHAVAN INDIAN OIL CORPORATION LIMITED INDIAN OIL AOD Page No.# 3/5 STATE OFFICE SECTOR-III NOONMATI GUWAHATI-20. 9:THE STATE BANK OF INDIA HAVING ITS HEAD OFFICE AT DEBDAS KAMLLEG BLOCK SYNERGY BUILDING BANDRA KURLA COMPLEX BANDRA EAST (BEHIND NATIONAL STOCK EXCHANGE) MUMBAI- 400051. 10:THE ZONAL MANAGER STATE BANK OF INDIA GUWAHATI ZONE HAVING ITS OFFICE AT 6TH FLOOR SWAGATA SQUARE ABC POINT BHANGAGARH GUWAHATI- 781005. 11:THE BRANCH MANAGER STATE BANK OF INDIA BINOVANAGAR BRANCH GUWAHATI- 18. 12:THE OFFICER-IN-CHARGE FATASIL AMBARI POLICE STATION GUWAHATI KAMRUP (M). 13:THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE GUWAHATI (PESO Advocate for the Petitioner : MR. A K BHUYAN, MR R SONOWAL,MR J DAS,MR A TALUKDAR,MR. A KHOUND,MS B BORA,MR. M BORAH,MS. N CHOUDHURY,MR. M DAS,MS. B BHUYAN Advocate for the Respondent : SC, TRANSPORT, MS. A GAYAN (R 13),SC, I O C,MR. H BURAGOHAIN (R9-R11),MR. B J MUKHERJEE (R9-R11),GA, ASSAM,SC, OIL Page No.# 4/5 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 19-05-2025 1. Heard Mr.N.R.Sarma, learned counsel for the petitioner appearing on behalf of Mr. A.K.Bhuyan, learned counsel for the petitioner. Also heard Mr. M.K.Choudhury, learned Senior counsel assisted by Mr. R. Gohain, learned Standing counsel, IOCL for the respondent Nos. 6 to 8 and Ms. M. D. Borah, learned Standing counsel, Transport Department for the respondent Nos. 1 to 5. 2. This Court had passed an elaborate order on 10.04.2025, issuing certain directions at paragraph 10 of the said order as an interim measure. 3. Learned counsels for the parties have jointly submitted that this writ petition may be disposed of in terms of the interim order passed and the direction issued at paragraph 10 of the order dated 10.04.2025. 4. This Court is also of the opinion that ends of justice, would be met, if the present writ petition is disposed of in terms of the aforesaid directions passed at paragraph 10 of the order dated 10.04.2025. Ordered accordingly. 5. However, it is made clear that the petitioner shall have only right to operate the vehicles and shall not transfer the same to any third party and shall not change the nature of the tankers and also keep proper accounts of income and expenditure. 6. It is further clarified that if anybody is aggrieved by this order, they may seek revival of this writ petition by filing an appropriate application. 7. With the aforesaid, this writ petition stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant