M/S Manaranjan Brahma Enterprise vs The Bodoland Territorial Council ...
2022 Latest Caselaw 4543 Gua

                                                                 Page No.# 1/4

GAHC010112052022




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

                           Case No. : WA/206/2022

         M/S MANARANJAN BRAHMA ENTERPRISE
         HAVING ITS REGISTERED OFFICE AT DOLAIGAON, UJANPARA,
         BONGAIGAON, ASAM, PIN-783380, REP. BY ITS SOLE PROPRIETOR
         MANARANJAN BRAHMA



         VERSUS

         THE BODOLAND TERRITORIAL COUNCIL AND 5 ORS.
         REP BY ITS PRINCIPAL SECRETARY, KOKRAJHAR, BODOFA NWGWR, BTR,
         ASSAM, PIN-783370

         2:THE SECRETARY

          BTC
          WPT ND BC DEPARTMENT

         KOKRAJHAR
         BODOFA NWGWR
         BTR
         ASSAM

         PIN-783370

         3:THE ADDL. DIRECTOR
          BTC
         WPT AND BC DEPARTMENT

         KOKRAJHAR
         BODOFA NWGWR
         BTR
         ASSAM
                                                                              Page No.# 2/4

            PIN-783370

            4:THE BDO
             DOTOMA DEVELOPMENT BLOCK
             NAWARBHITA
             BAKSA
             BTR
            ASSAM
             PIN-783347

            5:THE BDO
             KOKRAJHAR DEVELOPMENT BLOCK
             KOKRAJHAR
             BTR
            ASSAM
             PIN-783370

            6:THE BDO
             KOCHUGAON DEVELOPMENT BLOCK
             KANUPARA
             KOKRAJHAR
             BTR
            ASSAM
            PIN-78336

Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : SC, BTC




                                    BEFORE
                         HONOURABLE THE CHIEF JUSTICE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

17.11.2022

Heard Mr. K. N. Choudhury, learned Senior Advocate, assisted by Mr. N. J. Khataniar, learned Advocate appearing for the appellant. Also heard Mr. S. R. Rabha, learend counsel appearing for the respondent Bodoland Territorial Council.

By way of this intra-court appeal, what is challenged is an interim direction issued by the learned Single Judge vide order dated 27.05.2022, passed in WP(C) 3478/2022.

Page No.# 3/4

The relevant portion of the order is as under:

"8. At this stage, the learned AG, Assam has suggested that the Committee can be constituted in the following manner- Principal Secretary, Finance Department - Chairman, Principal Secretary, BTR - Member Secretary, Commissioner & Secretary,Home and Political Department - Member, Commissioner & Secretary, WPT and BC Department - Member. The Committee constituted shall examine the aspect of this matter and submit the report after taking into consideration all the relevant materials including recording of statements.

9. It is made clear that the functions and jurisdiction of the aforesaid Committee would not be restricted to the present case also but would look into all other cases where the demand for paying of so-called pending bills for works done / supplies made in the BTC is Rs.10,00,000/- (Rupees Ten Lakhs) and above."

On 15.06.2022 this Court passed the following order:

"Heard Mr. K. N. Choudhury, learned senior counsel, assisted by Mr. N. J. Khataniar, learned counsel appearing for the writ appellant. Also heard Mr. S. Bora, learned Standing counsel, BTC, appearing for all the respondents.

Issue notice, returnable in four weeks.

No formal steps for issuing notice need to be taken as Mr. S. Bora, learned Standing counsel, BTC, appears and accepts notice on behalf of the respondents.

In the meantime, the operation of the impugned judgment and order dated 27.05.2022, passed in WP(C) 3478/2022 shall remain stayed."

The aforesaid interim order has continued since 15.06.2022.

Without expressing any opinion on merits, we deem it fit to dispose of this appeal with a request to the learned Single Judge to give priority to the matter and dispose of the writ petition without in any matter being influenced by the observations made in the impugned order as well as by this order. Till then the order dated 15.06.2022 shall continue.

It is, however, further clarified that this Court has not expressed any opinion on the main issue involved in the writ petition. The learned Single Judge shall decide the Page No.# 4/4

issue independently.

JUDGE CHIEF JUSTICE

Comparing Assistant