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2025 DAILYLAW 9134 (GAU)

NITUL CHANDRA DAS v. THE STATE OF ASSAM AND ANR

WP(C)/1492/2025 · 2025-03-27

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010053282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1492/2025 NITUL CHANDRA DAS S/O LATE PHATIK DAS, R/O VILLAGE- BORLIBARI, P.O. BORLIBARI, DIST- NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DISTRICT REGISTRAR OFFICE OF THE SR SUB REGISTRAR KAMRUP METROPOLITAN DISTRICT GUWAHATI PIN-78103 Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR M HUSSAIN,MR. N G KUNDU,MR. A K AZAD,MR. N HAQUE Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.03 .2025 Heard Mr. P.K. Roychoudhury, learned counsel for the petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue and Disaster Management Department. The prayer of the writ petitioner in the present proceeding is that pursuant to his dismissal from service by the Departmental Proceeding, the petitioner had filed the Statutory Appeal on 28.10.2024 before the respondent No.1. The petitioner sought to place a departmental order dated 25.08.2022, issued by the Sr. Sub-Registrar, before the Appellate Authority by way of an application. Since the application was not considered the petitioner had approached before this Court praying for appropriate orders. This Court by the last order dated 19.03.2025 permitted the departmental counsel to obtain instructions. Today when the matter was called up Mr. J. Handique, learned Standing Counsel for the Revenue and Disaster Management Department submits that the matter is under consideration and the department had called for the revenue records for the purposes of verification of the communication/order dated 25.08.2022 submitted before the Appellate Court by the petitioner. It is submitted that once the verification process is complete necessary orders will be passed by the Appellate Authority. Therefore, the apprehension of the petitioner that the documents placed before the Appellate Authority will not Page No.# 3/3 be considered as unfounded. The learned counsel for the petitioner submits that if that statement is recorded then he has no further cause to pursue the present writ petition. Accordingly, in view of the submissions made by the learned Standing Counsel, Revenue Department, that the communication and order dated 22.05.2022, which the petitioner sought to place before the Appellate Authority by way of his application, is in the process of being verified by comparison with the original records by the Appellate Authority. Consequent thereto, appropriate orders, as called for will be passed by the Appellate Authority. The learned counsel for the petitioner having accepted the submissions made that the application is under consideration submits that there is no further cause to pursue the writ petition. Accordingly the writ petition stands disposed in terms of the above. If any order is passed on the said application, the shall be served on the writ petitioner and it is expected that the Appellate Authority will dispose of the appeal expeditiously as per the provision of law. JUDGE Comparing Assistant