Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 18 Ors on 12 May, 2021
Page No.# 1/7
GAHC010038262017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5454/2017
MAYNAL HOQUE and 10 ORS.
S/O MD. RAJAB ALI, VILL and PO-SALAKATI, DIST. KOKRAJHAR, ASSAM,
PIN-783369
2: HUSSAIN ALI
S/O JOSIMUDDIN SHEIKH
VILL-SIMLABARI PART-I
PO-CHAPAR
DISTRICT-DHUBRI
ASSAM
PIN-783371
3: MD. ISMAIL MONDAL
S/O MD. SAHA ALI MONDAL
VILLAGE-AREARJHAR PART-2 DHIRGHATPO and PS-CHAPOR
DIST. DHUBRI
ASSAM
PIN-783371
4: NIL KAMAL BORGOYARY
S/O-LT. BASANTA BORGOYARY
VILL-DOGOR PARA
PO and PS-SALAKATI
DIST. KOKRAJHAR
ASSAM
PIN-783369
5: SUNSWARNG NARZARY
S/O LT. BIJENDRA NARZARY
VILL- MALGAON
PO-SILGARA
DIST. KOKRAJHAR
Page No.# 2/7
ASSAM
PIN-783348
6: MANILAL KOCHARY
S/O KRISHNA KOCHARY
VILL-UMANGAR
PO-DHUMARIGURI
DIST. KOKRAJHAR
ASSAM
PIN-783347
7: JWNGMA BORGOYARY
S/O LT. BASANTA BORGORYARY
VILL-DOGOR PARA
PO-SALAKATI
DISTRICT-KOKRAJHAR
ASSAM
PIN-783369
8: SANTU MANI ROY
VILLAGE and PO- KASHIPARA
BHOTGAON
DIST. KOKRAJHAR
ASSAM
PIN-783370
9: MANINDAR ROY
S/O PARAMANANDA ROY
VILL-BHALPUR NATH PARA
PO-BHALPUR
PS-CHAPOR
DIST. DHUBRI
ASSAM
PIN-783371
10: SANJAY BASUMATARY
S/O TRISANGKAR BASUMATARY
VILL-JALPAIGURI
PO- SALAKATI
DIST. KOKRAJHAR
ASSAM
PIN-783369
11: BILIFANG BASUMATARY
S/O JAGENDRA BASUMATARY
VILL-JALPAIGURI
PO-SALAKATI
Page No.# 3/7
DIST. KOKRAJAHR
ASSAM
PIN-78336
VERSUS
THE STATE OF ASSAM and 18 ORS.
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM,
DEPTT. OF POWER ELECTRICITY DISPUR, GUWAHATI-6
2:THE ASSAM STATE ELECTRICITY BOARD
REP. BY ITS CHAIRMAN
BIJULI BHAWAN
PALTAN BAZAR
GUWAHATI-01
DIST. KAMRUP M
ASSAM
3:THE CHIEF GENERAL MANAGER HR
ASSAM POWER DISTRIBUTION CO. LTD.
BIJULI BHAWAN
PALTAN BAZAR
GUWAHATI-01
DIST-KAMRUP M
ASSAM
4:THE GENERAL MANAGER
GUWAHATI ZONE-APDCL LAZ
SIX MILE
GUWAHATI-22
DIST. KAMRUP M
ASSAM
5:THE DEPUTY GENERAL MANAGER
KOKRAJHAR ELECTRICAL CIRCLE
APDCL
KOKRAJHAR
PO and DIST. KOKRAJHAR
ASSAM
PIN-783370
6:THE CHIEF EXECUTIVE OFFICER
KOKRAJHAR ELECTRICAL CIRCLE
APDCL
KOKRAJHAR
PO
PS and DIST. KOKRAJHAR
Page No.# 4/7
ASSAM
PIN-783370
7:THE DIRECTOR
TRAINING
ASSAM POWER DISTRIBUTION CO. LTD.
NARENGI
GUWAHATI-781026
DIST. KAMRUP M
ASSAM
8:SANJIT DEBNATH
S/O NARESWAR DEBNATH
VILL and PO-KHLIL PUR
DIST. DHUBRI
ASSAM
PIN-783324
9:MANORANJAN BASUMATARY
S/O MOSTO BASUMATARY
VILLAGE- TOKTARA
PO-RANCHAIDHAM
DIST. CHIRNAG
BTAD
ASSAM
PIN-783372
10:MAHESH CH. ROY
S/O KANAK CHANDRA ROY
VILL-MAYANAGURI
PO-FAKIRAGRAM
DIST. KOKRAJHAR
BTAD
ASSAM
PIN-783345
11:DIPAK CH. NATH
S/O-PRATUL NATH VILLAGE- KAMARPARA
PO-GOBARDHANPARA DISTRICT-DHUBRI
ASSAM
PIN-783348
12:HARENDRA NARZARY
S/O LT. AKENDRA NARZARY
VILLAGE-UNKNOWN
PO-MAGURMARI
DIST. KOKRAJHAR
Page No.# 5/7
ASSAM
PIN-783370
13:SANJIT NATH
S/O LT. LALIT MOHAN NATH
PO and PS-KOKRAJHAR
DIST. KOKRAJHAR
BTAD
ASSAM
PIN-783370
14:LAKSMAN BASUMATARY
S/O MONGAL SINGH BASUMATARY
VILLAGE and PO-BASHBARI
PS-KAZIGAON
DIST. KOKRAJHAR
BTAD
ASSAM
PIN-784370
15:RAJU DEY
S/O NIKHIL CH. DEY @ NIKIL CH. DEY
VILLAGE-CHAPOR WARD NO. 3
PO and PS- CHAPOR
DIST. DHUBRI
ASSAM
PIN-783371
16:NUR HUSSAIN
S/O LATE HANIF ALI
VILLAGE- ANANDA NAGAR
WARD NO. 3
PO-BILASIPARA
DIST. DHUBRI
ASSAM
PIN-783348
17:SUNARAM TERON
S/O LONKI TERON
VILLAGE-AMBARI
PO-DEBITOLA AMBARI
PS-KAZIGAON
DIST. KOKRAJHAR
ASSAM
PIN-783339
18:DHIREN ROY
S/O LATE SASHI MOHAN ROY
Page No.# 6/7
VILLAGE-KISMAT HASDAHA PART-II
PO-KISMAT HASDAHA
DIST. DHUBRI
ASSAM
PIN-783334
19:SARAT CH. ROY
S/O SRI SASHI MOHAN ROY
VILLAGE-KEDAR PART-III
PO-DIMAKURI
DIST. DHUBRI
ASSAM
PIN-78333
Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent : SC, APDCL
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 12.05.2021:
Heard Mr. M.A. Sheikh and Mr. M. Hossain, learned counsel for the petitioners. Also
heard Mr. N. Goswami, learned Government Advocate appearing for the State respondent
no.1 and Mr. B.D. Das, learned senior counsel assisted by Mrs. R. Deka, learned standing
counsel for respondent nos. 2 to 7.
2. At the outset, it is required to be mentioned that as per office note dated
11.11.2020, notice on respondent nos. 8 to 19 was sent by registered post with A/D on
15.03.2018. Unserved notice issued to respondent no. 10 was returned with unintelligible
postal remark and notice issued to respondent no. 13 was returned with postal remark
"uncomplete address retd. to sender". A/D/ cards has been receive back after service on
respondent nos. 12 and 18, but it appears that service was made on 17.03.2018, i.e. after the
due date of appearance indicated in the notice. Neither A/D card nor unserved notice is
received back for respondent nos. 8, 9, 11, 14 to 17 and 19. It is seen that there is no order
Page No.# 7/7
accepting due service of notice on the said respondents.
3. In this regard, it is well settled that if summons/ notices are served after
date fixed for appearance, it is obligatory on part of Court to fix another date for appearance
and to direct the plaintiff/ petitioner to take steps for service of fresh summons/ notices. If
one needs any authority on the point, the case of Nahar Enterprises Vs. Hyderabad Allwyn
Ltd., (2007) 9 SCC 466 , may be referred to. Accordingly, by order dated 18.03.2019, the
Court had directed the learned counsel to apprise the Court as regards the service of notice
as newspaper publication of notice was not done within the stipulated time. However, without
satisfying the Court on service of notice, the matter was allowed to be heard and the delivery
of judgment was kept reserved. The defect regarding non-service came to light while
examining the records.
4. Therefore, in light of the discussions above, the Court has no option but to
release this matter without delivering judgment.
5. The petitioners are directed to take fresh steps within 11.06.2021 for service
of notice on the respondent nos. 8 to 19 by registered post with A/D. The notice is made
returnable on 16.07.2021.
6. List on 16.07.2021, if Covid-19 protocol in force permits so.
JUDGE
Comparing Assistant
