Union Of India vs Jahura Bewa And 6 Ors
2023 Latest Caselaw 4827 Gua

Gauhati High Court

Union Of India vs Jahura Bewa And 6 Ors on 1 December, 2023

Author: Achintya Malla Bujor Barua

Bench: Achintya Malla Bujor Barua

                                                           Page No.# 1/2

GAHC010266952019




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

                        Case No. : I.A.(Civil)/4298/2019
         UNION OF INDIA
         REPRESENTED BY THE GENERAL MANAGER (CON)
         N.F. RAILWAY
         MALIGAON
         GUWAHATI 781011

          VERSUS

         JAHURA BEWA AND 6 ORS.
         VILL. SAGOLIA PT-II CIRCLE AGOMANI
          P.S. GOLAKGANJ
          DIST. DHUBRI

         2:JAHANGIR ALAM
         VILL. SAGOLIA PT II CIRLCE AGOMANI
          P.S. GOLAKGANJ
          DIST. DHUBRI
          3:JAMIR ALAM
         VILL. SAGOLIA PT II CIRCLE AGOMANI
          P.S. GOLAKGANJ
          DIST. DHUBRI
          4:JAHID ALAM
         VILL. SAGOLIA PT-II CIRCLE AGOMANI
          P.S. GOLAKGANJ
          DIST. DHUBRI
          5:SHAHID ALAM
         VILL. SAGOLIA PT II CIRCLE AGOMANI
          P.S. GOLAKGANJ
          DIST. DHUBRI.
          6:INAMUL
         VILL. SAGOLIA PT II CIRLCE AGOMANI
          P.S. GOLAKGANJ
          DIST. DHUBRI
          7:THE COLLECTOR
         DHUBRI
                                                                        Page No.# 2/2

           ASSAM.
           ------------
           Advocate for : MRS. UMA CHAKRABORTY
           Advocate for : SR
           GA
           ASSAM appearing for JAHURA BEWA AND 6 ORS.



                                BEFORE
           HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                        ORDER

Date : 01.12.2023

Heard Ms. M. Chatterjee, learned counsel for the applicant and Mr. D. Mazumdar, learned Addl. Advocate General assisted by Mr. J. Singh, learned counsel for the respondent District Collector, Dhubri.

2. This interlocutory application has been instituted under Section 151 of the Code of Civil Procedure for stay of an office letter dated 05.11.2019 of the Deputy Commissioner, Dhubri intimating the attachment of Railway properties for recovering the awarded amount as per judgment and awarded dated 18.01.2012 passed by the learned District Judge, Dhubri in LA Case No. 16/2009.

3. As the appeal itself is not required to be proceeded inasmuch as, the entire amount had been paid and disbursed to the lawful claimants, we are of the view that the present interlocutory application for interfering with the letter dated 05.11.2019 of the Deputy Commissioner, Dhubri is also not required to be adjudicated upon.

4. Accordingly, I.A. stands closed.

JUDGE Comparing Assistant