Gauhati High Court
Rajib Sarkar vs Sanjiv Shyam And 2 Ors on 1 August, 2024
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/3
GAHC010107042023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/307/2023
RAJIB SARKAR
S/O LATE SUBHASH CH SARKAR,
R/O LNB ROAD, HAIBARGAON, NAGOAN,
ASSAM, PIN-782002 AND P/R/O FLAT NO. A2,
4TH FLOOR, SAROGINI APARTMENT,
BIRUBARI, GUWAHATI-781016,
KAMRUP (M), ASSAM
VERSUS
SANJIV SHYAM AND 2 ORS
THE CHIEF ENGINEER, PWD ROADS DIVISION, CHANDMARI, GUWAHATI,
ASSAM-781003
2:PRANAB KUMAR RABHA
THE SUPERINTENDENT ENGINEER
PWD NAGAON ROAD
CIRCLE NAGAON ASSAM
PIN-782001
3:HITEN KALITA
THE EXECUTIVE ENGINEER
PWD NAGAON STATE ROAD DIVISION
NAGAON
ASSAM
PIN-78200
Advocate for the Petitioner : MR. M DUTTA, MS N RAI,MS S DEV
Advocate for the Respondent : ,
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 01.08.2024 Heard Mr. M. Dutta, learned counsel for the petitioner, who submits that in terms of the order dated 19.09.2022 passed in WP(C) 4700/2020, the respondents were to consider the case of the petitioner for clearing the contractual bills, in terms of the Full Bench judgment of this Court in the case of Tamsher Ali vs. State of Assam and others, reported in 2008 (4) GLT 1.
As per the order dated 23.06.2023, notice was issued to the respondents.
Office note dated 12.07.2023 shows that notices were issued to the respondent Nos. 1 to 3 by registered post with A/D. Office note dated 04.12.2023 states that as the A/D card in respect of the notice sent to the respondent No. 3 bore the initials of the respondent No. 3, notice may be deemed to be served upon the respondent No. 3. However, there was no return of A/D card or unserved notice in respect of the respondent Nos. 1 & 2.
As per the office note dated 05.02.2024, it is recorded that as per the process server's report, notice in respect of the respondent Nos. 1 & 3 have been received by the respective employees on behalf of them. As for the respondent No. 2, notice has been duly received by the respondent himself.
In view of the above, the Lawazima Court stated that service upon the respondent Nos. 1 & 3 had been completed.
Page No.# 3/3 This Court, vide order dated 16.02.2022, recorded the submission made by Mr. D. Nath, learned Senior Government Advocate appearing on behalf of the PWD that he would take necessary steps for apprising the respondent Nos. 1, 2 & 3 about the instant proceedings. However, no one appears on behalf of the respondent Nos. 1, 2 & 3 today.
Mr. R. Dhar, learned Senior Government Advocate submits that he will inform the respondent Nos. 1, 2 & 3 about the present proceedings. He further submits that as per his information, the respondent No. 3 has retired.
List this matter on 12.08.2024.
JUDGE Comparing Assistant