Page No.# 1/4 vs The State Of Assam And 7 Ors
2022 Latest Caselaw 3148 Gua

                                                                  Page No.# 1/41

GAHC010160682019




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

                         Case No. : Review.Pet./154/2019

         HERAMBA KUMAR SAIKIA AND 141 ORS
         S/O SRI CHANDR AKANTA SAIKIA VILL- SATGHARIA P.O. SIPAJHAR P.S.
         SIPAJHAR DIST. DARRANG, ASSAM PIN -784145

         2: SRI BHARAT CHANDRA SARMA
          S/O SRI LAKSHI RAM SARMA
         VILL- BARBARI
         P.O. BURHA
         P.S. SIPAJHAR
         DIST. DARRANG
         ASSAM
         PIN -784148

         3: MD. MIJANUR RAHMAN
          S/O MD. MAFIZUDDIN AHMED
         VILL- MUSLIMGHOPA
         P.O. SIPAJHAR
         P.S. SIPAJHAR
         DIST. DARRANG
         ASSAM
         PIN -784145

         4: MD. MUKUT ALI
          S/O MD. MATLIB ALI
         VIL- MUSLIMGHOPA
         P.O. SIPAJHAR
         P.S. SIPAJHAR
         DIST. DARRANG
         ASSAM
         PIN -784145

         5: SRI HIRANYA KUMAR SAHARIA
          S/O LT. RATNESWAR SAHARIA
         VILL- KABEICHUBA
                             Page No.# 2/41

P.O. SIPAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

6: SRI KHAGENDRA KALITA
 S/O LT. SISHU RAM KALITA
VILL- BURHA
P.O. BURHA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

7: SRI MAHENDRA KALITA
 S/O LT. HALI RAM KALITA
VILL- PADMAJHAR
P.O. BURHA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

8: SRI KHIRENDRA SARMA
 S/O SRI KUSHESWAR SARMA
VILL- KENDUGURI
P.O. KENDUGURI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

9: SRI PRABHAWATI DEKA
 D/O LT.HARMOHAN DEKA
VILL- BHUKTABARI
P.O. SIPAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

10: SRI GUNJA MONI KALITA
 D/O LT. KANAK CH. KALITA
VILL- KAMARGAON
P.S. DIPILA
P.S. SIPAJHAR
DIST. DARRANG
                               Page No.# 3/41

ASSAM
PIN -784144

11: SRI DHRUB JYOTI SARMA
 C/O LT. ANTI RAM SARMA
VILL- UPAHUPARA
P.O. MANGALDAI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784125

12: SRI LANKESWAR KALITA
 S/O LT. JHUJU RAM KALITA
VILL- KAMARGAON
P.O. DIPILA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

13: SRI KULENDRA BORA
 S/O LT. GANO RAM BORA
VILL- BIJULIBARI
P.O.MAROI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

14: SRI BASANTA KUMAR DAS
 S/O LT. BETHARAM KUMAR DAS
VILL- BIJULIBARI
P.O. MAROI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

15: SRI KIRITI DEKA
 S/O LT. RABIDHAR DEKA
VILL- JHAKUAPARA
P.O. HAZARIKAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145
                                Page No.# 4/41

16: SRI LAMBODAR BARUA
 S/O PONA RAM KALITA
VILL- NIRAN CHUBA
P.O. PATHARIGHAT
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

17: SRI UDAY SARMA
 S/O LT. CHANDRA KANTA SARMA
VILL- NAYAKPARA
P.O. SIPAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

18: SRI MADAN CH. KALITA
 S/O KHANGIDHAR KALITA
VILL- KHASDIPILA
P.O. DIPILA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

19: SRI SULAV CH. DEKA
 S/O LT. SATO RAM DEKA
VILL- MATHANGA
P.O. OUTOLA
P.S.MANGALDAI
DIST. DARRANG
ASSAM
PIN -784125

20: SRI GOBINDA DEV SARINA
 S/O TANESWAR DEV SARMA
VILL- BARIGAON
P.O. BARIGAON NO. 2

P.S. SIPAJHAR (PATHARIGHAT)
DIST. DARRANG
ASSAM
PIN -784147

21: SRI DIPALI SARMA
W/O ARUN SARMA
                              Page No.# 5/41

VIL- JHAKUAPARA
P.O. BHURARGARH
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784147

22: MD. MAINUL HOQUE
 S/O LT. MANNA SEIKH
VILL- ATHKURIA
P.O. PATHARIGHAT
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

23: MRS.
 W/O SRI JAGAT CH. BARUAH
VILL- NO. 2 KALAIGAON
P.S. KALAIGAON
DIST. DARRANG
ASSAM
PIN -784525

24: SRI PABITRA KUMAR NATH
 S/O LT. BASUNDHAR NATH
VILL- BALIKUCHI
P.O. BURHA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

25: SRI INDRA KALITA
 S/O SRI RATNESWAR KALITA
VILL- CHAKIA PARA
P.O. CHAMATIAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784147

26: SRI TANKESWAR NATH
 S/O LT. UTTAM NATH
VILL- JAYPUR
P.O. HENGALPARA
P.S. SIPAJHAR
DIST. DARRANG
                            Page No.# 6/41

ASSAM
PIN -784148

27: SRI UTTAM CH. NATH
 S/O LT. JAGAT CH. NATH
VIL- HENGALPARA
P.O. HENGALAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

28: SRI MD. KUDRAT ALI
 S/O MD. OHAB ALI
VILL- BIYASPARA
P.O. BIYASPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

29: SRI HARI CH. DEKA
 S/O LT. DANDIRAM DEKA
VILL- LAKHIMPUR
P.O. LAKHIMPUR
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784525

30: SRI DINESWAR DEKA
 S/O LT. LOHIT DEKA
VILL- LAKHIMPUR
P.O. LAKHIMPUR
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784525

31: SRI DEBAJANI SAHARIA
 W/O MR. SUNANDA SAIKIA
VILL- BHUKTABARI
P.O. SIPAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145
                             Page No.# 7/41

32: SRI JASODA DEVI
 D/O LT. NARAYAN SARMA
VILL- DUARIPARA
P.O. CHENGELIAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

33: SRI GITA BALA DEVI
 D/O LT. BHABANI SARMA
VILL- DUARIPARA
P.O. CHENGELIAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

34: SRI JAYANTI BALA NATH
 D/O LT. KESHAB CH. NATH
VILL- NAYAKPARA
P.O. SIPAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

35: SRI NABIN CH. KALITA
 S/O LT. DHANESWAR KALITA
VILL- KAMARGAON
P.O. DIPILA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

36: SRI TILAK BORA
 S/O LT. KAMI RAM BORA
VILL- BORONGA BARI
P.O. CHAMUAPARA
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784529

37: SRI RANJIT DEKA
 S/O LT. LAPARU DEKA
VILL- HOWLI MOHANPUR
                                Page No.# 8/41

P.O. HOWLI MOHANPUR
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784529

38: SRI JIBAN CH. KALITA
 S/O LT. KABI RAM KALITA
VILL-NAGAON
P.O. HATIMARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

39: SRI SANI RAM BORA
 S/O LT. ALAHU BORA
VILL- OUTOLA
P.O. OUTOLA
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784525

40: SRI LOHIT CH. DEKA
 S/O LT. FANIDHAR DEKA
VILL- UDMARI
P.O. TENGABARI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784525

41: SRI PADUM CH. BORA
 S/O LT. GANGA RAM BORA
VILL- PATHARIGHAT
P.O. PATHARIGHAT
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

42: SRI GAJENDRA NATH SAIKIA
 S/O LT. SANTI RAM SAIKIA
VIL- CHENGAPARA NO. 1
P.O. PATHARIGHAR
P.S. SIPAJHAR
DIST. DARRANG
                              Page No.# 9/41

ASSAM
PIN -784144

43: SRI MADAN CH. NATH
 S/O LT. MOHI RAM NATH
VILL- NAYAKPARA
P.O. SIPAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

44: SRI SAILENDRA NATH
 S/O LT. SOMBAR NATH
VILL- DOSOTANI
P.O. GARUKHUTI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

45: SRI MAMONI DEVI
 W/O SRI CHANDRA KR. SARMA
VILL- HAZARIKAPARA
P.O. HAZARIKAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

46: SRI RAMESH CH. NATH
 S/O LT. SRIKANTA NATH
VILL- MATHAJHAR
P.O. GARUKHUTI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

47: SRI TARUN CH. KALITA
 S/O LT. MOHI RAM KALITA
VILL- LATHAPARA
P.O. HATIMARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144
                                    Page No.# 10/41

48: SRI NARENDA NATH KALITA
 S/O LT. DHARANDHAR KALITA
VILL- LATHAPARA
P.O. HATIMARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

49: SRI JOGAMAI SAIKIA
 W/O SRI KANAK CH. SAIKIA
VILL- NIRANCHUBA
P.O. PATHARIGHAT
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

50: SRI UDAY NARAYAN KONWAR
 S/O LT. RAJENDRA NARAYAN KONWAR
VILL- SAIKIAPARA
P.O.MENAPARA
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784146

51: SRI PURNIMA BARUAH
 D/O LT. MANI RAM BARUAH
VILL- BORKUMARPARA
P.O. AULACHOWKA
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784125

52: MD. KAMALUDDIN AHMED
 S/OMD. KAISOR ALI
VILL- CHALANIKUCHI
P.O. BHAKATPARA
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784190

53: SRI JITENDRA NATH DEKA
 S/O LT.MONI RAM DEKA
VILL- MENAPARA
                            Page No.# 11/41

P.O. MENAPARA
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784146

54: SRI BHARTI SAIKIA
 W/O SRI BHGYA KALITA
VILL- HETOW ARIMARI
P.O. CHAPAI DALGAON
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784190

55: RAMESH CH DEKA
 S/O LT. JHALA DEKA
VILL- JALJALI
P.O. MANGALDAI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784529

56: SRI KUSHALATA NATH
 W/O LT. CHANDI RAM NATH
VILL- SATKHALI
P.O. SATKHALI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

57: SRI DIPU KALITA
 S/O LT. GUNA RAM KALITA
VILL- KENDUGURI
P.O. KENDUGURI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

58: AGAN CHANDRA KALITA
 S/O LT. PRADIP KALITA
VILL- HAZARIKAPARA
P.O. HAZARIKAPARA
P.S. SIPAJHAR
DIST. DARRANG
                             Page No.# 12/41

ASSAM
PIN -784145

59: MRS. MANOWARA BEGUM
 D/O LT. CHOWKAT ALI
VILL- SANOWATARI
P.O. SANOWA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

60: SRI DIPALI DEKA
 W/O RATNESWAR DEKA
VILL- NIZ RANGAMATI
P.O. RANGMATI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784529

61: SRI BORODA SARMA DEVI
W/O SRI RAMESH SARMA
VILL- PATIDARRANG

 P.O. PATIDARRANG
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784147

62: MRS. GOLANAR BEGUM
 W/O MD. KAMARUDDIN AHMED
VILL- POTA PUKHURI
P.O. BARAMPUR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

63: SRI HARMOHAN DEKA
 S/O LT. CHENI RAM DEKA
VILL- BAMUNJHAR
P.O. ANDHERIGHAT
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148
                                     Page No.# 13/41


64: MD. TAFAZUL HOQUE
 S/OLT. BASIR ALI
VILL- SATKHALI
P.O. SATKHALI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

65: MRS. MAHMUDA BEGUM
 W/O MD. PIAR ALI
VILL- SANOWA
P.O. SANOWA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

66: AMRIT KUMAR KALITA
 S/O DANDI RAM KALITA
VILL- KALJURI
P.O. KHOIRABARI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784522

67: SRI GAHIN CH. KALITA
 S/O LT. RAJAT CH. KALITA
VILL- KALJURI
P.O. KHOIRABARI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784522

68: SRI DHARMENDRA NARAYAN KONWAR
 S/O SRI RABINDRA NR. KONWAR
VILL- SALOIPARA
P.O. DEODHANIGHAT
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784147

69: SRI NAGENDRA KALITA
 S/O LT. BHABIN CH. KALITA
                           Page No.# 14/41

VILL- SARANG
P.O.KUHIRKUCHI
P.S. KHOIRABARI
DIST. DARRANG
ASSAM
PIN -784522

70: SRI MUKUL DEKA
 S/O SRI JAGAT DEKA
VILL- BATABARI
P.O. DIGHIRPAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

71: SRI MAHESWAR NATH
 S/O LT. BHUMIDHAR NATH
VILL- KHASSONAPUR
P.O. MARUACHOWKI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

72: MD. HARUN RASID
 S/O LT. HARMUJ ALI
VILL- NO. 2 MAJAR CHUBA
P.O. GANESH KUWARI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

73: SRI HEM CH. NATH
 S/O PUSPADHAR NATH
VILL- BARPATHAR
P.O. TENGERA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

74: SRI DIBAKAR SARMA
 S/O LT. RAJANI SARMA
VILL- BARPATHAR
P.O. TENGERA
P.S. SIPAJHAR
                               Page No.# 15/41

DIST. DARRANG
ASSAM
PIN -784148

75: SRI PRADIP BHARALI
 S/O LT. ANDHU RAM BHARALI
VILL- KHALIHAI
P.O. BAZNAPATHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

76: SRI BHANU DEVI
 S/O SRI HEM KANTA SARMA
VIL- BAZNAPATHAR
P.O. BAZNAPATHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

77: SRI DEBENDR ARAJBONGSHI
 S/O SRI HARENDRA DEKA
VILL- TITKUCHI
P.O. BURHA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

78: SRI PARAMANANDA NATH
 S/O LT. UMA KANTA NATH
VILL- BURHA
P.O. BURHA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

79: MD. MEER HUSSAIN
 S/O AKHTAR HUSSAIN
P.O. SANTIPUKHURI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144
                                  Page No.# 16/41

80: SRI KUSESWAR SARMA
 S/OLT. MOHIRAM SARMA
VILL- NIZ BARAMPUR
P.O. BRAMPUR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

81: SRI KULENDRA SARMA
 S/O LT. LALIT CH. SARMA
VILL- PUB NAGAON
P.O. CHAMATIAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

82: SRI ILA DEKA
 W/O SRI KAMAKSHYA KALITA
VILL- HAZARIKAPARA
P.O. HAZARIKAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

83: MD. TARIKUDDIN ZIAUL HOQUE
 S/O LT. NURUL HOQUE
VILL- BOLOGARAH
P.O. NIZ KHARUPETIA
P.S. DHULA
DIST. DARRANG
ASSAM
PIN -784115

84: SRI JOGENDRA BARUA
 S/O LT. RATNESWAR BARUA
VILL- TAMULIPARA
P.O. DAHI NAGAON
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784429

85: SRI JITENDRA KR. BARO
 S/O MANO RAM BARO
VILL- NO. 1 MAZGAON
                                 Page No.# 17/41

P.O. BHAKATPARA
P.S. KALAIGAON
DIST. UDALGURI
PIN - 784190.

86: SRI NILAMONI SARMAH
 S/OLT. SARBESWAR SARMAH
VILL- BHATI KURUA
P.O. KURUA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784115

87: SRI BANESWAR BORA
 S/O LT. JAJAI RAM BORA
VILL- KALITAPARA
P.O. GANESH KUWARI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

88: SRI NIRMALI BORA
 D/O LT. SUBHA RAM BORA
VILL- WARD NO. 8N MANGALDAI
P.O. MANGALDAI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784125

89: SRI TILESWARI DEKA SAIKIA
 W/O SRI KRISHNA SAIKIA
VILL-HAZARIKAPARA
P.O. HAZARIKAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

90: SRI HARENDRA SAIKIA
 S/O LT. BILI RAM SAIKIA
VILL- NO. 1 CHENGAPARA
P.O. PATHARIGHAT
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
                              Page No.# 18/41

PIN -784144

91: SRI JAMUNA BALA DEVI
 W/O SRI JOGESH SARMA
VILL- DEBANANDA
P.O. HAZARIKAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

92: SRI CHAYANIKA DAS
 W/O SRI JOGEN SAHARIA
VILL- GAONBURHAPARA
P.O. MANGALDAI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784125

93: MD. BAHARUL ISLAM
 S/O MD. HAZARAT ALI
VIL- BATABARI
P.O BATABARI
P.S. DHULA
DIST. DARRANG
ASSAM
PIN -784146

94: SRI GOBINDRA CH. SARMA
 S/O LT. CHANDRA KT. SARMA
VILL- BIJULIBARI
P.O. MAROI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

95: ABU BAKKAR SIDDIQUE
 S/O LT. NAZAM UDDIN
 VILL- PANIA KHAT
P.O. DHULA
P.S. DHULA
DIST. DARRANG
ASSAM
PIN -784146

96: SRI BISWARAJ PATHAK
                               Page No.# 19/41

 S/O LT. DUGDHAN CH. PATHAK
VILL- BEZPARA
P.O. MANGALDAI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN - 784146.

97: SRI JAGAT CH. DEKA
 S/O LT. LALIT CH. DEKA
VILL- BARSATRA
P.O. DIGHIRPAR
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784144

98: MD. ALI AKBAR AHMED
 S/O LT. ALIMUDDIN AHMED
VILL- MARUACHOWKI
P.O. MARUACHOWKI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

99: MISS ASIA BEGUM
 W/O MD. ALI AKBAR AHMED
VILL- MARUACHOWKI
P.O. MARUACHOWKI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

100: SRI GOBINDRA SARMA
 S/O LT. NARESWAR SARMA
VILL- PAKABANGI
P.O. BORDOULGURI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

101: SRI ANTI RAM DEKA
 S/O SRI KAMI NATH DEKA
VIL- GADHIA PARA
P.O. CHAPAI CHOWKA
                                      Page No.# 20/41

P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784529

102: SRI RATUL HAZARIKA
 S/O LT. LAKSHMAN HAZARIKA
VILL- WARD NO. 2

 MANGALDAI TOWN
P.O. MANGALDAI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784145

103: SRI BHUPENDRA NARAYAN MAHANTA
 S/OLT. KANAK CH. MAHANTA
VILL- LOZARA
P.O. BORIGAON NO. 2

P.S. PATHARIGHAT
DIST. DARRANG
ASSAM
PIN -784147

104: SRI KUNJALATA SAHARIA
 W/O SRI KUMUD CH. DEKA
VILL- HOWLY HENGERAJHAR
P.O. HOWLY MOHANPUR
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784125

105: SRI RUPAK CHETRY
 S/O SRI BAL BAHADUR CHETRY
VILL- TAKALIAKUR GRANT
P.O. BAZANAPATHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

106: SRI LOHIT SAIKIA
 S/O LT. BELI RAM SAIKIA
VILL- BORACHUBA
P.O. HAZARIKAPARA
                           Page No.# 21/41

P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

107: MD. ALI HUSSAIN
 S/O JAMARUDDIN
VILL- OZAGAON
P.O. KHARUPETIA
P.S. DHULA
DIST. DARRANG
ASSAM
PIN -784115

108: MD. HASIM ALI
 S/O LT. HAMID ALI
VILL- TARAGAON
P.O. CHENGELIAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

109: MD. BILLAL HUSSIAN
 S/O ABU TALEBUDDIN
VILL- NO. 1 THEKERABARI
P.O. BATABARI
P.S. DHULA
DIST. DARRANG
ASSAM
PIN -784146

110: MD. MAHARAM ALI
 S/OLT. QUMAR ALI
VILL- ISLAMPUR
P.O. KHARUPETIA
P.S. DHULA
DIST. DARRANG
ASSAM
PIN -784115

111: SRI DHIRAJ BORA
 S/O SRI HARI CH. BORA
VILL- BIJULIBARI
P.O.MAROI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
                                Page No.# 22/41

PIN -784145

112: SRI REBAN CH. NATH
 S/O SRI RAHCHANDRA DEV NATH
VILL- MALIBARITARI
P.O. HENGALPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

113: SRI RAMBHAWATI DEVI
 S/O LT. KANTHA RAM SARMA
VILL- GAVARA
P.O. DUNI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784148

114: SRI KULEN KALITA
 S/O LT. KANAK KALITA
VILL- PUB SAMALA KHAT
P.O. BHURARGARH
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784147

115: SRI LAKSHYA DHAR DEKA
 S/O MINARAM DEKA
VILL- NAGAON
P.O. AULACHOWKA
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784125

116: SRI DIPAK KUMAR DAUKA
 S/O LT. GAGAN CH. DAUKA
VILL- JYOTINAGAR WARD NO. 6
P.O.MANGALDAI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784125

117: MD ISHAD ALI
                            Page No.# 23/41

 S/O LT. AKBAR ALI
VILL- ATHKURIAPARA
P.O. PATHARIGHAT
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

118: MD. NAZMAL ALI
 S/O LT. MOSHIN ALI
VILL- NAOPOTA
P.O. CHENGELIAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

119: SRI UTPAL SAHARIA
 S/O LT. MANIK SAHARIA
VILL- HAZARIKAPARA
P.O. HAZARIKAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

120: SRI TAPAN SARMA
 S/O LT. RABI SARMA
VILL- BOINAOJA
P.O. AULACHOWKA
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784529

121: SRI JITENDRA KALITA
 S/O LT. TARANI KALITA
VIL- DAGIAPARA
P.O. HATIMARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784144

122: SRI MINAKSHI DEKA
 W/O SRI NANDESWAR DEKA
VIL- LOZARA
P.O. BORIGAON NO. 2
                           Page No.# 24/41


P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784147

123: SRI ARADHANA NATH
 W/O SRI MUNINDRA NATH
VILL- PANIAKHAT
P.O. DHULA
P.S. DHULA
DIST. DARRANG
ASSAM
PIN -784146

124: SRI BIREN BARUAH
 S/O LT. KARPUR BARUAH
VILL- KAIKARA
P.O. PATIDARRANG

P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784147

125: SRI ALAKA DEVI
 W/O SRI NIPENDRA NATH
VILL- BALIPARA
P.O. SIPAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

126: SRI GITANJALI DEVI
 W/O SRI ANANTA SARMA
VILL- SARU THEKERABARI
P.O. RANGAMATI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784529

127: SRI DEBEN SARMA
 S/O LT. DAMODAR SARMA
VILL- BHERUA
P.O. DUNI
P.S. SIPAJHAR
                                   Page No.# 25/41

DIST. DARRANG
ASSAM
PIN -784148

128: SRI GUNENDRA DEKA
 W/O SRI DINESWAR DEKA
VILL- JHAKUAPARA
P.O. HAZARIKAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

129: SRI MINAKSHI BARUA
 W/O SRI ANANTA CH. DEKA
VILL- WARD NO.10 BHEBARGHT
P.O. MANGALDAI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784145

130: SRI MANORANJAN SARMA
 S/O LT. JUGESWAR SARMA
VILL- NAYAKPARA
P.O. DHEKIPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

131: SRI JEWTI BANIA
 W/O SRI GIRISH BANIA
VILL- PITHAKHOWAPARA
P.O. HAZARIKAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

132: MD. TAZZUL HOQUE
 S/O MD. SIRAJUL HOQUE
VILL- WARD NO. 2 MANGALDAI TOWN
P.O. MANGALDAI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN -784125
                              Page No.# 26/41


133: MD. KUTUBUDDIN AHMED
 S/O MD. RAHIMUDDIN AHMED
VILL- PAKABANGI
P.O. BORDOULGURI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

134: MRS. FARIDA KHATUN
 W/O KUTUBUDDIN AHMED
VILL- PAKABANGI
P.O. BORDOULGURI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

135: SRI KUSHAL SARMA
 S/O LT. JOGENDRA SARMA
VILL- HAZARIKAPARA
P.O. HAZARIKAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

136: SRI CHAKRADHAR DEKA
 S/O SRI PRABHAT CH. DEKA
VILL- BORACHUBA
P.O. HAZARIKAPAA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

137: SRI DEBAJANI SAHARIA
 D/O SRI TANKESWAR SAHARIA
VILL- DAKSHIN CHUBURI
P.O. SIPAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

138: SRI HEMALATA DEVI
W/O LT. BHUMIDHAR NATH
                                                    Page No.# 27/41

VILL- BARAMGUR
P.O. GARUKHUTI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

139: SRI BHANUMATI DEVI
 D/O TILAK CH. SARMA
VILL- JHAKUAPARA
P.O. BHUARGARH
P.S. MANGALDAI
DIST. DARRANG
ASSAM

PIN -784147.

140: SRI GHANASHYAM KR. SAIKIA
 S/O PITA RAM KUMAR
VILL- CHENGAPARA
P.O. SIPAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

141: MEGHALI RANI SARMAH
 D/O MATHURA MOHAN SARMAH
VILL- GARAIMARA
P.O. DHEKIAPARA
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN -784145

142: MRS. FULESA BEGUM
 W/O MD. KHAIRUL HUSSAIN
VILL- BANDIA
P.O. MANALDAI
DIST. DARRANG
ASSA

VERSUS

THE STATE OF ASSAM AND 7 ORS.
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI -
781006.
                                                       Page No.# 28/41


2:THE DIRECTOR EDUCATION (ELEMENTARY) DEPTT.

KAHILIPARA
GUWAHATI- 781019.

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
 DARRANG
 MANGALDAI
 PIN- 784125.

4:THE DEPUTY INSPECTOR OF SCHOOLS

MANGALDAI DISTRICT CIRCLE
MANGALDAI
PIN- 784125.

5:THE BLOCK ELEMENTARY EDUCATION OFFICER
 KALAIGAON BLOCK
 DARRANG
 MANGALDAI
 PIN- 784125.

6:THE BLOCK ELEMENTARY EDUCATION OFFICER
 SIPAJHAR BLOCK
 DARRANG
 MANGALDAI
 PIN- 784125

7:THE BLOCK ELEMENTARY EDUCATION OFFICER
 DOLGAON BLOCK
 DARRANG
 MANGALDAI
 PIN- 784116.

8:THE SUB-DIVISIONAL SELECTION BOARD
 MANGALDAI SUB-DIVISION
 DARRANG
 CONSTITUTED VIDE NOTIFICATION NNO. B20H667/94/168 DATED
30/4/1997 AND REP. BY ITS CHAIRMAN DR. ZOI NATH SARMA
 RESIDENT OF UDAYAN HILL SIDE
 KHARGULI
 NABAGRAHA ROAD
 HOUSE NO. 37
 GHY-4
                                                                              Page No.# 29/41




                                       BEFORE
                  HON'BLE MR. JUSTICE KALYAN RAI SURANA
                    HON'BLE MR. JUSTICE NELSON SAILO


         For the petitioner     : Mr. K.K. Mahanta, Sr. Adv.
                                : Mr. K.M. Mahanta, Adv.
         For the respondents    : Mr. R. Mazumdar, Mr. N.J. Khataniar, Sc.
         Date of hearing         : 18.08.2022 and 23.08.2022.
         Date of order           : 23.08.2022.


                                        ORDER

(Kalyan Rai Surana,J.) Heard Mr. K.K. Mahanta, learned senior counsel, assisted by Mr. K.M. Mahanta, learned counsel for the petitioners. Also heard Mr. R. Mazumdar along with Mr. N.J. Khataniar, learned standing counsel for the Elementary Education Department.

2. It would be pertinent to narrate the background facts, which is as follows:-

a. It is projected that by judgment and order dated 23.09.2014, the learned Single Judge had disposed of a batch of 24 writ petitions and it is projected that 142 nos. of review petitioners were the writ petitioners in those cases. The service of the petitioners were terminated by order dated 09.10.2012, passed by the Director of Elementary Education, Assam. The case projected by the petitioners was that they were duly selected and appointed on regular basis and were also allowed to undergo the requisite training in course of their Page No.# 30/41

service. Hence, the order of the termination of the service of the petitioners was put to challenge in the said batch of writ petitions. As mentioned herein before, the learned Single Judge, by a common judgment and order dated 23.09.2014, dismissed the batch of 24 writ petitions.

b. Aggrieved by the said common judgment and order dated 23.09.2014, the petitioners herein had filed 12 (twelve) writ appeals. The Division bench of the Court having not found any infirmity in the common judgment of the learned Single Judge, dismissed the said intra-Court appeals by judgment and order dated 23.02.2017, passed in W.A. 79/2015 and 11 other connected appeals.

c. Some of the petitioners, who were the appellants in W.A. 79/2015, W.A. 80/2015 and W.A. 81/2015, had filed Special Leave Petition before the Supreme Court of India, which was numbered as S.L.P.(C) No(s). 22263-22265/2017. The Supreme Court of India, by order dated 04.10.2017, dismissed the said SLP, having not found any ground to interfere with the impugned order.

d. After about 1015 days (2 years- 9 months- 11 days), the present review petition came to be presented i.e., on 15.07.2019.

3. The review petitioners have assigned 7 (seven) grounds for filing this review petition. In brief, the grounds are - (a) the discovery of important documents/ material evidence have vital bearing, requiring judgment and order dated 23.02.2017 to be reviewed; (b) the materials now discovered were withheld from the Court by the respondents, who were the custodians of the said records, which had resulted in miscarriage of justice; (c) the documents would lead to unerring conclusion that there was a fair selection on merit; (d) in Page No.# 31/41

the interest of justice and to keep the record clean, newly discovered documents is liable to be considered; (e) on the face of the newly discovered documents, the impugned judgment and order was liable to be reviewed; (f) on the face of newly discovered document, the findings in the impugned judgment was not sustainable; (g) in any view of the matter, and on the face of the new materials, the impugned judgment was liable to be reviewed. The documents, which were allegedly newly discovered are (i) proceeding of the meeting dated 26.10.1999 of the Sub- Divisional Level Selection Board (Annexure-4); and (ii) photocopy of approved select list dated 26.10.1999 (Annexure-5).

4. The learned senior counsel for the petitioners made an elaborate submission to demonstrate that the new materials discovered qualifies sufficient reason for the Court to revisit and review the impugned judgment. The learned standing counsel for the Elementary Education Department on the other hand countered the submissions. Thereafter, a reply submission was made by the learned senior counsel for the petitioners. This being a review petition, we refrain from burdening this order with the lengthy submissions made by both sides on 18.08.2022 and also today. It would suffice to mention that it was submitted that the petitioners had come to know that through RTI application made on 04.09.2013, one Md. Giasuddin Ahmed of Darrang District had obtained (i) the copy of record of proceedings of the meeting dated 26.10.1999 of the Sub- Divisional Level Selection Board, as well as (ii) select list dated 26.10.1999, which was duly approved by the Director of Elementary Education, Assam, and that at the request of the petitioners, the said Md. Giasuddin Ahmed handed over the photocopies thereof to the petitioners and that the petitioners could lay their hand on the said two vital documents in the month of March, 2019. It was further submitted that pursuant to RTI application dated Page No.# 32/41

28.01.2019 submitted by the review petitioner no. 4, the Public Information Officer, District Elementary Education Office, Darrang, Mangaldai had given RTI reply dated 06.02.2019 to the effect that they had issued RTI reply to the said Md. Giasuddin Ahmed. It was submitted that the said records were withheld from the Court, which led to dismissal of the writ petitions and writ appeals. In this regard, it was submitted that the petitioners were duly selected and appointed from the select list approved by the Director of Elementary Education, Assam and that most of the petitioners had rendered about 13 years of unblemished service. It was also submitted that even if it is assumed that there was certain anomalies in holding meeting or obtaining approval, but as the petitioners had undergone a selection process, their appointment might be irregular, but were not illegal. Accordingly, it was submitted that the impugned judgment be reviewed and interfered with.

5. We have considered the submissions made by both sides and also considered the materials on record.

6. It is seen that the purported select list dated 26.10.1999 was filed by respondent no. 8 in connection with the writ petition and from a perusal of the common judgment and order dated 23.09.2014, it is seen that the learned Single Judge had categorically held that the appointments made on 20.11.1999 and 04.12.1999 were illegal and irregular, further observing that those appointments were made without the selection and approval of the Sub- Divisional Level Selection Board for Elementary Education of Mangaldai Sub Division for 1999. The learned Single Judge in para-24 to 30 of the common judgment, had rejected the contention of the petitioners that they were lawfully selected and appointed and by referring to the minutes of the selection Page No.# 33/41

committee, the legality of the selection process was doubted in light of the fact that although names of 164 candidates were purportedly entered in the select list, 302 teachers were appointed. Moreover, in para-33 of the common judgment, the learned Single Judge had categorically held that the selection was not conducted in accordance with the guidelines appended to letter dated 28.04.1997, produced by the learned senior counsel for the respondent no.8.

7. We have examined the purported select list and the purported minutes dated 26.10.1999 and after doing so, we have no doubt in our minds that the select list dated 26.10.1999 and the manner in which proceedings of Sub- Divisional Level Selection Board for Elementary Education of Mangaldai Sub Division for 1999 that was held on 26.10.1999, was dehors the provisions of Rule 3 of the Assam Elementary Education (Provincialisation) Rules, 1977 read with Schedule 1-A appended to the said Rules.

8. It is further seen that the Division Bench of this Court, in the impugned common judgment and order dated 23.02.2017, had mentioned that before terminating the service, certain persons were asked to appear before the Enquiry Officer along with their papers following the allegations of illegal appointment made against them and they approached the Court by filing W.P. (C) 61/2003. During the pendency of the said writ petition, in the Magisterial Enquiry, it was held that the appointments made on 20.11.1999 and 04.12.1999 were illegal. However, by order dated 14.02.2008, while disposing of the said W.P.(C) 61/2003, this Court had expressed displeasure that the Enquiry Report was misplaced. This was reiterated in the judgment impugned in this review petition. Nonetheless, in the impugned judgment, the Division Bench of the Court had mentioned that the Enquiry Officer had submitted his Enquiry Report Page No.# 34/41

on 15.07.2003 to the District Magistrate wherein it was mentioned that no records or documents were made available from the Deputy Inspector of Schools, Darrang, Mangaldai and that the appointments made on 20.11.1999 and 04.12.1999 were illegal. Thus, the consistent stand of the Elementary Education Department since 15.07.2003, i.e. the date of Enquiry Report) is that their records do not contain (i) the original select list; and (ii) minutes dated 26.10.1999 of the proceedings of Sub- Divisional Level Selection Board for Elementary Education of Mangaldai Sub Division for 1999. In the RTI reply dated 14.06.2019 (Annexure-19), it was clearly stated that photocopy was found on record. Thus, it is clear that the copies supplied to the said Md. Giasuddin Ahmed in RTI reply were copies made from photocopies and not from the original record. Although the relevant RTI query is not annexed to this review petition, but from RTI reply dated 23.09.2013 [part of Annexure 8(1)], it appears that the RTI reply is to the effect that the records are not available in the office.

9. In the impugned judgment, it has been observed in para-10 thereof that show cause notice was issued to the petitioners, and that they had submitted their reply and personal hearing was conducted for 302 teachers of Darrang District. The Enquiry was made and the Enquiry Officer had submitted her report dated 17.06.2010, which was forwarded to the Government by the Director of Secondary Education, Assam. It was also mentioned that thereafter, a decision was taken to terminate the service of 285 teachers out of 302 illegal appointees, barring 16 teachers, who were appointed on compassionate ground. It was held in the impugned judgment that the appointments were made dehors the statutory rules, without obtaining any approval and that appointments were made to non-existent posts.

Page No.# 35/41

10. In para 20 and 21 of the impugned judgment, mention was made that the appointments were not preceded by the approval of the Director of Elementary Education. Thereafter, in para 54 of the impugned judgment, it was categorically held that in the instant case the process contemplated by the Assam Elementary Education (Provincialisation) Rules, 1977 was not followed. Moreover, it was specifically held that the meeting minutes dated 26.10.1999 failed to conform to the method of recruitment as stipulated by the Assam Elementary Education (Provincialisation) Rules, 1977. It was further observed that the "so called" select list most conspicuously indicated the schools where each named person was to be appointed, and that the same itself demonstrated that the exercise was not bona fide. It was also held that the said select list cannot be the basis of any legal appointment. Accordingly, the three writ appeals were dismissed.

11. It may be mentioned that in the Enquiry Report dated 17.06.2010, which is annexed as Annexure-F in W.A. 81/2015, there is a finding by the Enquiry Officer to the effect that " all of them, except for those who were found to be appointed on compassionate ground, stated that they had applied for the post in the year 1996-97 and appeared for interview at various venues in Mangaldai. However, all of them stated that they had not seen any select list where their names had been enlisted as selected candidates for appointment to the post of Assistant Teacher in LP School ." Thus, after failing in their challenge to the Enquiry Report in the writ petition, which is referred to herein before, in guise of review, it only appears that the petitioners are making an attempt to have the entire matter re-opened and for re-hearing on merit.

12. Therefore, notwithstanding the fact that since 15.07.2003, the Page No.# 36/41

records of the Elementary Education Department do not contain the original select list dated 26.10.1999 and minutes of meeting dated 26.10.1999, this Court, in the proceeding of the writ petition as well as writ appeal, did consider both the documents which the petitioners claim to have laid their hands in the month of March, 2019. In fact, as indicated herein before, both the documents were very much produced by the party arrayed as respondent no.8 in the writ proceeding.

13. Moreover, notwithstanding the fact that the copy of the select list dated 26.10.1999 and minutes of meeting dated 26.10.1999 were considered not only in the proceedings of the writ petition and writ appeals, yet at the said opportune moment, the review petitioners did not make any attempt to demonstrate that the said two documents were genuine record. Therefore, when the official record contains not the original but only photocopies, coupled with the fact that the Enquiry Report dated 15.03.2003, which was against the petitioners and others who were similarly situated, was misplaced, the Court is unable to presume genuineness of the said select list dated 26.10.1999 and minutes of meeting dated 26.10.1999 in light of the provisions of Section 81 of the Evidence Act, 1872. The petitioners have not been able to demonstrate that the official files was reconstructed and the photocopy of select list dated 26.10.1999 and minutes of meeting dated 26.10.1999 were retained in the official record after reconstruction.

14. Therefore, it is apparent that this Court had considered the very two documents while deciding the writ petitions and the writ appeal. The said documents were referred to documents introduced by respondent no. 8 in the writ proceeding by way of affidavit-in- opposition. The same very documents are Page No.# 37/41

now sought to be introduced as documents on which the petitioners could lay their hands in the month of March, 2019. Therefore, the Court is constrained to hold that the petitioners are taking the plea that two documents were procured in March, 2019 in an attempt to have a re-hearing of all the 12 (twelve) writ appeals, which were dismissed by common judgment and order dated 23.02.2017, in guise of review petition.

15. It may be mentioned that in course of hearing, the learned standing counsel for the Elementary Education Department has successfully demonstrated that the petitioners have not filed a true copy of English translation of the minutes of meeting dated 26.10.1999 (Annexure-4), in as much as, a part of the Assamese minutes, where it has been clearly mentioned that the posts to which appointments were sought to be made were "not retained". Thus, even if the said minutes is considered, it establishes the stand of the Elementary Education Department that appointments were made in posts, which were not retained by the Government in the Elementary Education Department and therefore, those appoints were illegal. Be that as it may, on the ground that incorrectly English translated copy of minutes dated 26.10.1999 has been filed by the petitioners, by which an attempt has been made to mislead the Court, the present review petition deserves to be dismissed.

16. It may be mentioned that the 3-Judge Bench of the Supreme Court of India, in the case of Kunhayammed v. State of Kerala, (2000) 6 SCC 359: AIR 2000 SC 2587, had referred to a catena of decisions and held as follows:-

43. We may look at the issue from another angle. The Supreme Court cannot and does not reverse or modify the decree or order appealed against while deciding a petition for special leave to appeal. What is impugned before the Page No.# 38/41

Supreme Court can be reversed or modified only after granting leave to appeal and then assuming appellate jurisdiction over it. If the order impugned before the Supreme Court cannot be reversed or modified at the SLP stage obviously that order cannot also be affirmed at the SLP stage.

44. To sum up our conclusions are :-

(i) Where an appeal or revision is provided against an order passed by a Court, tribunal or any other authority before superior forum and such superior forum modifies, reverses or affirms the decision put in issue before it, the decision by the sub-ordinate forum merges in the decision by the superior forum and it is the latter which subsists, remains operative and is capable of enforcement in the eye of law.

(ii) The jurisdiction conferred by Article 136 of the Constitution is divisible into two stages. First stage is up to the disposal of prayer for special leave to file an appeal. The second stage commences if and when the leave to appeal is granted and special leave petition is converted into an appeal.

(iii) Doctrine of merger is not a doctrine of universal or unlimited application. It will depend on the nature of jurisdiction exercised by the superior forum and the content or subject-matter of challenge laid or capable of being laid shall be determinative of the applicability or merger. The superior jurisdiction should be capable of reversing, modifying or affirming the order put in issue before it. Under Article 136 of the Constitution the Supreme Court may reverse, modify or affirm the judgment-decree or order appealed against while exercising its appellate jurisdiction and not while exercising the discretionary jurisdiction disposing of petition for special leave to appeal. The doctrine of merger can therefore be applied to the former and not to the latter.

(iv) An order refusing special leave to appeal may be a non-speaking order or a speaking one. In either case it does not attract the doctrine of merger. An order refusing special leave to appeal does not stand substituted in place of the order under challenge. All that it means is that the Court was not inclined to exercise its discretion so as to allow the appeal being filed.

(v) If the order refusing leave to appeal is a speaking order, i.e. gives reasons for refusing the grant of leave, then the order has two implications. Firstly, the statement of law contained in the order is a declaration of law by the Supreme Court within the meaning of Article 141 of the Constitution. Secondly, other than the declaration of law, whatever is stated in the order are the findings recorded by the Supreme Court which would bind the parties thereto and also the Court, Page No.# 39/41

tribunal or authority in any proceedings subsequent thereto by way of judicial discipline, the Supreme Court being the Apex Court of the country. But, this does not amount to saying that the order of the Court, tribunal or authority below has stood merged in the order of the Supreme Court rejecting special leave petition or that the order of the Supreme Court is the only order binding as res judicata in subsequent proceedings between the parties.

(vi) Once leave to appeal has been granted and appellate jurisdiction of Supreme Court has been invoked the order passed in appeal would attract the doctrine of merger; the order may be of reversal, modification or merely affirmation.

(vii) On an appeal having been preferred or a petition seeking leave to appeal having been converted into an appeal before Supreme Court the jurisdiction of High Court to entertain a review petition is lost thereafter as provided by sub-rule (1) of Rule (1) of Order 47 of the C.P.C.

45. Having thus made the law clear, the case at hand poses no problem for solution. The earlier order of the High Court was sought to be subjected to exercise of appellate jurisdiction of Supreme Court by the State of Kerala wherein it did not succeed. The prayer contained in the petition seeking leave to appeal to this Court was found devoid of any merits and hence dismissed. The order is a non-speaking and unreasoned order. All that can be spelled out is that the Court was not convinced of the need for exercising its appellate jurisdiction. The order of the High Court dated 17-12-1982 did not merge in the order dated 18-7-1983 passed by this Court. So it is available to be reviewed by the High Court. Moreover such a right of review is now statutorily conferred on the High Court by sub- section (2) of Section 8C of the Kerala Act. Legislature has taken care to confer the jurisdiction to review on the High Court as to such appellate orders also against which though an appeal was carried to the Supreme Court, the same was not admitted by it. An appeal would be said to have been admitted by the Supreme Court if leave to appeal was granted. The Constitutional validity of sub-section (2) of Section 8C has not been challenged. Though, Shri T.L.V. Iyer, the learned senior counsel for the appellant made a feeble attempt at raising such a plea at the time of hearing but unsuccessfully, as such a plea has not so far been raised before the High Court also not in the petition filed before this Court.

46. No fault can be found with the approach of the High Court. The appeal is dismissed. No order as to the costs.

17. However, it appears that when deciding the herein before referred case of Kunhayammed (supra), the previous order of the Supreme Page No.# 40/41

Court of India in the case of Abbai Maligai Partnership Firm & Anr. v. K. Santhakumaran & Ors., AIR 1999 SC 1486: (1998) 7 SCC 386 , which was also passed by a coordinate Bench of 3- Judges was not placed before the Supreme Court of India. The observations made by the Supreme Court of India in para-4 is quoted below:-

4. The manner in which the learned single Judge of the High Court exercised the review jurisdiction, after the special leave petitions against the self-same order had been dismissed by this Court after hearing learned counsel for the parties, to say the least, was not proper. Interference by the learned single Judge at that stage is subversive of judicial discipline. The High Court was aware that SLPs against the orders dated 7-1-87 had already been dismissed by this Court. The High Court, therefore, had no power or jurisdiction to review the self same order, which was the subject matter of challenge in the SLPs in this Court after the challenge had failed. By passing the impugned order on 7-4-1994, judicial propriety has been sacrificed. After the dismissal of the special leave petitions by this Court, on contest, no review petitions could be entertained by the High Court against the same order. The very entertainment of the review petitions, in the facts and circumstances of the case was an affront to the order of this Court .We express our strong disapproval and hope there would be no occasion in the future when we may have to say so. The jurisdiction exercised by the High Court, under the circumstances, was palpably erroneous. The respondents who approached the High Court after the dismissal of their SLPs by this Court, abused the process of the Court and indulged in vexatious litigation. We strongly deprecate the manner in which the review petitions were filed and heard in the High Court after the dismissal of the SLPs by this Court. The appeals deserve to succeed on that short ground. The appeals are, consequently, allowed and the impugned order dated 7- 4-1994 passed in the review petitions is hereby set aside. The respondents shall pay Rs.10,000/- as costs.

18. Therefore, conscious of both the decisions of the Supreme Court of India, the Court has considered the plea of the review petitioners on merit and hold that the instant review is an appeal in disguise, for which it is not maintainable because the so called new materials were already considered while dismissing the writ petitions and the writ appeals. Those documents were very Page No.# 41/41

much available on record, when SLP(C) nos. 22263-22265/ 2017 was dismissed by the Supreme Court of India by order dated 04.10.2017. Thus, in guise of review, the petitioners are seeking a re-hearing of the matter on merit. Moreover, in terms of the observations made by the Supreme Court of India in the case of Abbai Maligai Partnership Firm & Anr. (supra) , the present review petition is held to be not maintainable after the SLP against the judgment and order dated 23.02.2017, passed in W.A. 79/2015 and 11 other connected appeals, being S.L.P.(C) No(s). 22263-22265/ 2017 was dismissed by the Supreme Court of India by order dated 04.10.2017. Moreover, when the allegedly two new documents are already on record, the Court is also constrained to hold that the inordinate delay and laches of 1015 days (2 years- 9 months- 11 days), in presenting the review petition on 15.07.2019, has not been properly explained, for which the review petition is liable to be dismissed.

19. Thus, in light of the discussions above, we are inclined to hold that the present review application is not maintainable on facts and in law. Therefore, this review petition is dismissed, leaving the parties to bear their own cost.

                                 JUDGE                            JUDGE




Comparing Assistant