Foizul Hoque @ Foizul Islam vs The State Of Assam And 5 Ors
2023 Latest Caselaw 365 Gua

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GAHC010269322022




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

                            Case No. : MC/1/2023

         FOIZUL HOQUE @ FOIZUL ISLAM
         S/O- LATE ABDUL NOOR, R/O- VILL.- KHAGKANDI, KALIGANJ BAZAR, P.O.
         KALIGANJ, P.S. AND DIST. KARIMGANJ, ASSAM, PIN- 788720.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006.

         2:THE DEPUTY COMMISSIONER
          KARIMGANJ
          OFFICE OF THE DEPUTY COMMISSIONER
          DIST. KARIMGANJ
         ASSAM
          PIN- 788710.

         3:THE EXECUTIVE ENGINEER
          PWD (ROADS)

          KARIMGANJ DIVISION
          DIST. KARIMGANJ
          ASSAM
          PIN- 788710.

         4:THE ASSISTANT EXECUTIVE ENGINEER/S.D.O.
          PWD (ROADS)

          NILAMBAZAR CIRCLE
          NILAM BAZAR
          DIST. KARIMGANJ
          ASSAM
                                                                Page No.# 2/6

             PIN- 788722.

            5:THE SETTLEMENT OFFICER
             KARIMGANJ
             DIST. KARIMGANJ
            ASSAM
             PIN- 788710

            6:THE ASSISTANT SETTLEMENT OFFICER

             NILAMBAZAR CIRCLE
             KARIMGANJ DISTRICT
             KARIMGANJ
             ASSAM
             PIN- 788722

Advocate for the Petitioner   : MR. U N CHATTRY

Advocate for the Respondent : GA, ASSAM




             Linked Case : RSA/102/2022

            FOIZUL HOQUE @ FOIZUL ISLAM
            S/O- LATE ABDUL NOOR
            R/O- VILL.- KHAGKANDI
            KALIGANJ BAZAR
            P.O. KALIGANJ
            P.S. AND DIST. KARIMGANJ
            ASSAM
            PIN- 788720.


             VERSUS

            THE STATE OF ASSAM AND 13 ORS.
            REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
            ASSAM
            ASSAM SECRETARIAT
            DISPUR
            GUWAHATI-781006.

            2:THE DEPUTY COMMISSIONER
             KARIMGANJ
                                             Page No.# 3/6

OFFICE OF THE DEPUTY COMMISSIONER
DIST. KARIMGANJ
ASSAM
PIN- 788710.
3:THE EXECUTIVE ENGINEER
PWD (ROADS)
KARIMGANJ DIVISION
DIST. KARIMGANJ
ASSAM
PIN- 788710.
4:THE ASSISTANT EXECUTIVE ENGINEER/S.D.O.
PWD (ROADS)
NILAMBAZAR CIRCLE
NILAM BAZAR
DIST. KARIMGANJ
ASSAM
PIN- 788722.
5:THE SETTLEMENT OFFICER
KARIMGANJ
DIST. KARIMGANJ
ASSAM
PIN- 788710.
6:THE ASSISTANT SETTLEMENT OFFICER
NILAMBAZAR CIRCLE
KARIMGANJ DISTRICT
KARIMGANJ
ASSAM
PIN- 788722.
7:MD. ABUL HUSSAIN
S/O- LATE MONIR ALLI
R/O- VILL.- RATANPUR
P.O. KALIGANJ
P.S. AND DIST. KARIMGANJ
ASSAM
PIN- 788720.
8:MD. NOOR UDDIN
S/O- LATE ISRAB ALI
R/O- VILL.- RATANPUR
P.O. KALIGANJ
P.S. AND DIST. KARIMGANJ
ASSAM
PIN- 788720.
9:MUSTT. AIMONA BIBI
W/O- LATE ABDUL NOOR
R/O- VILL.- KHAGKANDI
KALIGANJ BAZAR
P.O. KALIGANJ
P.S. KARIMGANJ
                          Page No.# 4/6

DIST. KARIMGANJ
ASSAM
PIN- 788720.
10:NAZMUL HUSSAIN
S/O- LATE ABDUL NOOR
R/O- VILL.- KHAGKANDI
KALIGANJ BAZAR
P.O. KALIGANJ
P.S. KARIMGANJ
DIST. KARIMGANJ
ASSAM
PIN- 788720.
11:TAJAMUL ISLAM
S/O- LATE ABDUL NOOR
R/O- VILL.- KHAGKANDI
KALIGANJ BAZAR
P.O. KALIGANJ
P.S. KARIMGANJ
DIST. KARIMGANJ
ASSAM
PIN- 788720.
12:MAYARUNNESSA BEGUM
D/O- LATE ABDUL NOOR
R/O- VILL.- KHAGKANDI
KALIGANJ BAZAR
P.O. KALIGANJ
P.S. KARIMGANJ
DIST. KARIMGANJ
ASSAM
PIN- 788720.
13:CHAYARUNNESSA BEGUM
D/O- LATE ABDUL NOOR
R/O- VILL.- KHAGKANDI
KALIGANJ BAZAR
P.O. KALIGANJ
P.S. KARIMGANJ
DIST. KARIMGANJ
ASSAM
PIN- 788720.
14:MONOWARA BEGUM
D/O- LATE ABDUL NOOR
R/O- VILL.- KHAGKANDI
KALIGANJ BAZAR
P.O. KALIGANJ
P.S. KARIMGANJ
DIST. KARIMGANJ
ASSAM
PIN- 788720.
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          ------------
          Advocate for : MR. U N CHATTRY
          Advocate for : GA
          ASSAM appearing for THE STATE OF ASSAM AND 13 ORS.



                                    BEFORE
               THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                ORDER

01. 02. 2023

Heard Mr. O Laskar, learned counsel for the petitioner. Also heard Mr. D Nath, learned standing counsel for the PWD.

The applicant as appellant preferred an appeal under Section 100 of the CPC against the judgment and decree dated 08.12.2021 passed by the learned Civil Judge, Karimganj in TA No. 49/2007. The said appeal was admitted for hearing by this court under its order dated 30.07.2022 framing two substantial questions of law.

The present applicant preferred an application under Order 39 Rule 1 and 2 for grant of injunction. Said application was registered as IA (Civil) 2435/2022. When the aforesaid IA was listed on 26.09.2022, 02.11.2022 and 02.12.2022, the learned counsel for the applicant remained absent and accordingly the said IA was dismissed for non-prosecution under its order dated 02.12.2022. Consequently, an order was also passed in the admitted second appeal that in view of order passed in IA (Civil) 2435/2022, the second instant appeal was closed.

Heard the learned counsel for the parties.

The Second Appeal was admitted for hearing under its order dated 30.07.2022 as discussed hereinabove and the matter was not listed for Page No.# 6/6

hearing on 02.12.2022, on which it was closed, rather the IA, which was filed for injunction was listed for consideration and therefore, dismissal of the IA for default could not have lead to closure of the admitted second appeal.

In that view of the matter, the present application is allowed by readmitting the second appeal to its original file on the same substantial questions of law as framed by this court under its order dated 30.07.2022.

Accordingly, IA stands disposed of.

JUDGE

Comparing Assistant