Md. Mustafa Ahmed Barbhuiya vs The State Of Assam And 2 Ors
2021 Latest Caselaw 401 Gua

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GAHC010182552020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : WA/213/2020

             MD. MUSTAFA AHMED BARBHUIYA
             S/O- ISHAQUE ALI BARBHUIYA, R/O- H/NO. 5, LNB ROAD, HATIGAON, P.O.
             AND P.S. HATIGAON, DIST.- KAMRUP(M), PIN- 788038.



             VERSUS

             THE STATE OF ASSAM AND 2 ORS.
             REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR,
             GUWAHATI- 781006.

             2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
              PERSONNEL (A) DEPARTMENT
              DISPUR
              GUWAHATI- 781006.

             3:THE SECRETARY TO THE GOVT. OF ASSAM
              PERSONNEL (A) DEDPARTMENT
              DISPUR
              GUWAHATI- 781006

Advocate for the Petitioner   : MR. M H LASKAR

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

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(K.R. Surana, J) Heard Mr. M.H. Lahkar, learned counsel for the appellant. Also heard Mr. N. Kohli, learned Addl Advocate General for the State assisted by Mr. A. Roy and Mr. D. Nath, learned Sr. Government Advocate appearing for the respondents.

This intra- Court appeal has been filed against the judgment and order dated 18.03.2020, passed by the learned Single Judge of this Court in W.P.(C) No. 1762/2019, passed in common with various analogous matters.

The issue raised in this appeal requires an examination, hence, this appeal is admitted for hearing.

Call the records of the connected writ petition. No formal notice is required to be served as notice is accepted by the learned Addl. Senior Govt. Advocate.

The learned counsel for both sides are ad-idem that the issues raised in the present appeal is also the subject matter of the various similar appeals including W.A. No. 26/2021, W.A. No. 219/2020, W.A. No. 31/2021, which this Court had admitted for hearing.

This Court in the herein above referred writ appeals and several other writ appeals of similar nature, had refused the prayer for interim relief. Therefore, the Court does not find any good reason to burden this order with discussion regarding reasons for refusal of interim relief. In this regard, reference may be made to the herein before referred in W.A. No. 26/2021, W.A. No. 219/2020, W.A. No. 31/2021, wherein by order dated 18.03.2020, interim relief was refused.

Let this appeal be listed after 4(four) weeks on a date to be fixed by the Office by which time, the respondents shall file their affidavit-in-oppositions.

JUDGE

Comparing Assistant