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2026 DAILYLAW 4412 (GAU)

BILAL UDDIN AHMED v. THE STATE OF ASSAM AND 5 ORS.

WA/101/2026 · 2026-04-05

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010069482026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/101/2026 BILAL UDDIN AHMED SON OF LATE BASIR UDDIN AHMED, RESIDENT OF VILLAGE - JAPORIGAON, P.O. - TAPTOLA, P.S. - BHURAGAON, DISTRICT- MORIGAON, ASSAM, PIN- 782121. VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, COOPERATION DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM COOPERATION DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM SAMABAI BHAWAN KHANAPARA GUWAHATI - 781022. 4:THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES NAGAON DISTRICT- NAGAON ASSAM PIN - 782001. 5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES MORIGAON DISTRICT- MORIGAON ASSAM PIN - 782105. Page No.# 2/3 6:MUKUNDA MAZUMDAR SENIOR INSPECTOR OF COOPERATIVE SOCIETIES OFFICE OF THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES DISTRICT- NAGAON ASSAM PIN- 782101 For the appellant/petitioner(s) : Mr. JMA Choudhury, Advocate For the Respondent(s) : Mr. S.K. Talukdar, SC, Co-operation department. –B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 06.04.2026 (Ashutosh Kumar, CJ) We have heard Mr. J.M.A. Choudhury, learned Advocate for the appellant, and Mr. S.K. Talukdar, learned Standing Counsel, Co-operation Department, for the respondents. This appeal is directed against the order dated 23.03.2026, passed by a learned Single Judge of this Court in WP(C) No. 1614/2026, whereby the transfer of the appellant from Morigaon to Nagaon has not been interfered with. Vide an order dated 15.03.2026, the appellant, who is a senior Inspector of Schools, was transferred from Morigaon to Nagaon, apparently on the asking of the Election Commission of India for the reason of Morigaon being his home district. In view of the standing order of the Election Commission of India, the appellant stood transferred notwithstanding the fact that he was facing medical difficulties. Page No.# 3/3 The learned Single Judge of this Court chose not to interfere with the afore-noted order and, in our estimation, rightly so. After some arguments, Mr. Choudhury seeks permission to withdraw this appeal in order to enable the appellant, if so advised, to file representation before the concerned authority after the election is over, with a request to take a sympathetic view of the matter and post him back at Morigaon on medical grounds. Accordingly, this appeal is dismissed as withdrawn, with the liberty as aforesaid. JUDGE CHIEF JUSTICE Comparing Assistant