Page No.# 1/4 vs The State Of Assam And 7 Ors
2022 Latest Caselaw 998 Gua

                                                               Page No.# 1/4

GAHC010181302020




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

                         Case No. : WP(C)/5409/2020

         LAL BIAKTHANGI RALTE AND 10 ORS
         D/O PAHLA RALTE, VILL-MAHUR GRADEN, P.O.-MAHUR, DIST-DIMA
         HASAO, ASSAM, PIN-788830

         2: BIDHAN CHANDRA MOHANTA
         VILL-NOON NAGAR
          P.O.-KATIRAIL
          DIST-CACHAR
          PIN-788804

         3: CHAWNGUL THIEK
          P.O.-HARANGAJAO
          DIST-DIMA HASAO
         ASSAM
          PIN-788818

         4: SWAPNA PAUL
          C/O SHYAMA SHILL
          P.O.-HAFLONG
          DIST-DIMA HASAO
         ASSAM
          PIN-788819

         5: SADHANA KAR
          C/O A.T. KAR
          P.O.-MAHUR BAZAR
          DIST-DIMA HASAO
         ASSAM
          PIN-788830

         6: SAROJ KUMAR DEY
          SMASHAN ROAD
          SILCHAR MAA KALI LANE
          P.O.-AMBIKA PATTY
                                                     Page No.# 2/4

DIST-CACHAR
ASSAM
PIN-788004

7: BIJOY KRISHNA ROY
VILL-DITTOCKCHERRA
 P.O.-DITTOCKCHERRA
 DIST-DIMA HASAO
ASSAM
 PIN-788818

8: SEIKHOHEN CHANGSAN
W/O NEJALAM CHANGSAN
VILL-SONGRILING
 HAFLONG
 P.O. AND P.S.-HAFLONG
 DIST-DIMA HASAO
ASSAM
 PIN-788819

9: LALDAWNKIM HMAR
W/O SIEHKHOKAM
VILL-KHOMUNNOM
 P.O.-MAHUR
 DIST-DIMA HASAO
ASSAM
 PIN-788830

10: DIZEING JEME
VILL-P. LONGKHAI
 P.O.-MAHUR
 DIST-DIMA HASAO
ASSAM
 PIN-788830

11: CHINTAMONI CHETRY
 W/O MINA KUMAR CHETRI
 VILL-UPPER BAGATER
 P.O.-HAFLONG
 DIST-DIMA HASAO
ASSAM
 PIN-78881

VERSUS

THE STATE OF ASSAM AND 7 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, DEPARTMENT OF PENSION AND PUBLIC GRIEVANCES,
                                                               Page No.# 3/4

            DISPUR, GUWAHATI-6

            2:THE PRINCIPAL SECRETARY (N)
             DIMA HASAO AUTONOMOUS COUNCIL
             HAFLONG

            3:THE ADDITIONAL DIRECTOR
             EDUCATION (HILLS)
            ASSAM
             HAFLONG

            4:THE FINANCE AND ACCOUNT OFFICER (N)
             DIMA HASAO AUTONOMOUS COUNCIL
             HAFLONG

            5:THE DIRECTOR
             DIRECTORATE OF PENSION
            ASSAM
             HOUSEFED COMPLEX
             DISPUR
             GUWAHATI-6

            6:THE PRIMARY EDUCATION OFFICER
             DIMA HASAO AUTONOMOUS COUNCIL
             HAFLONG

            7:THE ACCOUNTANT GENERAL (A AND E)
            ASSAM
             BELTOLA
             GUWAHATI-29

            8:THE COMMISSIONER AND SECRETARY
             FINANCE DEPARTMENT
             DISPUR
             GUWAHATI-6

Advocate for the Petitioner   : MRS. R DEVI

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

22.03.2022 Page No.# 4/4

Heard the respective counsels for the petitioners. Ms. J. Gogoi, learned standing counsel appears for the NC Hills Autonomous Council.

On behalf of Mr. R. Borpujari, learned standing counsel for the Finance Department, Mr. A. Chaliha, learned counsel submits that due to some medical reasons the learned standing counsel for the Finance department had to leave the Court and a prayer is made for granting further 4(four) weeks time to file an affidavit-in-opposition in the matter.

While granting time to the State to file their affidavit-in-opposition, it is made clear that if no affidavit-in-opposition is filed at least 2(two) days prior to the next date of listing, the Court would presume that the State Govt. has accepted the judgment and order of the Court dated 09.11.2020 passed in WA 148/2019 and order dated 11.02.2021 passed in Review Petition 16/2019, arising out of order dated 28.04.2015 passed in WP(C) 3662/2009. Accordingly, the State and the NC Hills Autonomous Council are put to notice that on their failure to file affidavit-in-opposition within the time allowed, the Court will proceed to hear the writ petitions by invoking the doctrine of non-traverse.

List the matter on 25.04.2022.

JUDGE

Comparing Assistant