MANABI BALA DAS AND ANR v. THE STATE OF ASSAM AND 6 ORS
WP(C)/5316/2025 · 2026-08-25
Kaushik Goswami
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 12980 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12980 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010197912025
2026:GAU-AS:12315
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5316/2025 MANABI BALA DAS AND ANR W/O- LATE BISWAJIT DAS, D/O- LATE AKUL CHANDRA DAS, R/O- FAKIRANIJA PART-I, P.O. BARKANDA (NAYAHAT), P.S. BILASIPARA, DIST.
DHUBRI, ASSAM, PIN- 783348.
2: DHEEKHSITA DAS D/O- LATE BISWAJIT DAS R/O- FAKIRANIJA PART-I P.O. BARKANDA (NAYAHAT) P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348 TO BE REPRESENTED HEREIN BY THE PETITIONER NO. 1 (I.E. HER MOTHER) BEING SHE IS A MINOR) VERSUS THE STATE OF ASSAM AND 6 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE CHIEF ENGINEER DEPARTMENT OF IRRIGATION CHANDMARI GUWAHATI-781003 DIST. KAMRUP METRO ASSAM 3:THE DIRECTORATE OF PENSION AND PUBLIC GRIEVANCES REPRESENTED BY ITS DIRECTOR HOUSEFED COMPLEX DISPUR GUWAHATI-781006
Page No.# 2/4 DIST. KAMRUP METRO ASSAM 4:THE ACCOUNTANT GENERAL (A AND E) GOVERNMENT OF ASSAM DISPUR GUWAHATI-781106 DIST. KAMRUP METRO ASSAM 5:THE TREASURY OFFICER DHUBRI TREASURY OFFICE DHUBRI DIST. DHUBRI ASSAM PIN- 783301.
6:THE EXECUTIVE ENGINEER DEPARTMENT OF IRRIGATION DHUBRI DIVISION GAURIPUR DIST. DHUBRI ASSAM PIN- 783331.
7:SMTI NIHITA DAS D/O- LATE BISWAJIT DAS C/O- DILIP SARKAR R/O- VILL.- KHALILPUR (AMBAGAN) P.O. KHALILPUR P.S. AND DIST. DHUBRI ASSAM PIN- 783325 Advocate for the Petitioner : MR. M K SARMA, MS. S S SAIKIA,MR G DAS Advocate for the Respondent : GA, ASSAM, MD I H LASKAR (R-7),MR. M AHMED(R-7),SC, IRRIGATION,SC, FINANCE,SC, AG
Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER Date : 26.08.2026
Heard Ms. S. S. Saikia, learned counsel appearing for the petitioner. Also heard Ms. D. S. Neog, learned Standing Counsel, Irrigation Department, appearing for the respondent Nos. 1, 2 and 6, Ms. A. Sharma, learned counsel appearing on behalf of Mr. B. Chakraborty, learned counsel for the respondent No. 4, Mr. M. Ahmed, learned counsel appearing for the respondent No. 7. 2. By way of the present writ petition filed under Article 226 of the Constitution of India, petitioner No. 1, being the second wife of Late Biswajit Das, who died in harness on 13.10.2023, along with petitioner No. 2, their minor daughter, claims an equal proportionate share, along with respondent No. 7, the daughter of Late Biswajit Das from his first wife, who has also since expired, in the pensionary and other retiral benefits payable in respect of Late Biswajit Das. 3. On 26.03.2026, having considered the issue involved in the present writ petition, this Court referred the matter to the Gauhati High Court Mediation Centre, with a view to enabling the parties to explore the possibility of an amicable settlement. 4. Today, when the matter is taken up, learned counsel appearing for the parties submit that the dispute has been amicably resolved before the learned Mediator in the aforesaid mediation proceedings. The mediation report, along with the Settlement Agreement arrived at between the parties, is available on record. The relevant portion of the mediation report reads as under:
“Dear Sir/Madam, Pursuant to the order of referral, the above-mentioned matter was referred to mediation, vide Mediation Case no. 143/2026 in W.P.(C) No. 5316/2025. The said matter was allotted to me to make an attempt for an amicable settlement by way of mediation. Accordingly, mediation took place between the parties hereto on
Page No.# 4/4 14.05.2026 and on other subsequent dates. The parties attended the mediation sessions, along with their respective counsels. Finally, the matter was settled amicably between the parties hereto, viz Petitioners and Respondent No. 7, by way of mediation, and thereafter they have put their respective signatures on the Mediation Settlement Agreement dated 29.06.2026 in the presence of their respective advocates. The original copy of the Settlement Agreement dated 29.06.2026 is annexed hereto. Accordingly, the mediation is reported as successfully concluded with a full settlement.
The matter is respectfully returned to the Court for such orders as may be necessary in terms of the Settlement Agreement.”
5. A perusal of the mediation report and the Settlement Agreement dated 29.06.2026 reveals that the parties have amicably resolved the dispute through mediation and have executed the Settlement Agreement in the presence of their respective learned counsel. 6. In view of the settlement arrived at between the parties, nothing further survives for adjudication in the present writ petition. The writ petition is, accordingly,
disposed of in terms of the settlement arrived at before the Gauhati High Court Mediation Centre.
7. The official respondents shall take necessary steps and complete the exercise as agreed to by the parties under the aforesaid Settlement Agreement within a period of one month from the date of receipt of a certified copy of this order.
8. The mediation report along with the Settlement Agreement dated 29.06.2026 shall form part of this order.
9. The writ petition stands disposed of accordingly. JUDGE Comparing Assistant