Citation : 2023 Latest Caselaw 2491 Gua
Judgement Date : 12 June, 2023
Page No.# 1/3
GAHC010050482023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1374/2023
GUNAJOY CHOUDHURY
HEAD ASSISTANT ( UNDER SUSPENSION), BARPETA ROAD MUNICIPAL
BOARD,
DISTRICT- BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM,
URBAN DEVELOPMENT DEPARTMENT,
DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION DEPARTMENT
RUKMINIGAON
KHANAPARA
GUWAHATI-22.
3:DEPUTY COMMISSIONER
BARPETA
DISTRICT- BARPETA
PIN- 781301.
4:BARPETA ROAD MUNICIPAL BOARD
REPRESENTED BY ITS CHAIRPERSON
BARPETA ROAD MUNICIPAL BOARD
DISTRICT- BARPETA
ASSAM
Page No.# 2/3
PIN- 781315.
5:EXECUTIVE OFFICER-CUM-ENQUIRY OFFICER
BARPETA ROAD MUNICIPAL BOARD
DISTRICT- BARPETA
ASSAM
PIN- 781315
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 12-06-2023 Heard Mr. S.K. Das, learned counsel for the writ petitioner. Also heard Ms. M.
Bhattacharjee, learned counsel appearing for the respondent No. 4 who prays for another
02 weeks time to file affidavit.
However, this Court has noticed that despite the order dated 01-06-2023 passed in
this proceeding and notwithstanding the fact that there is no material produced before
this Court to indicate as to the manner in which the judgment and order dated 20-12-
2021 passed by the learned Single Judge in W.P.(C) No. 1710/2017 had been
implemented, instead of producing the relevant documents and instructions, the learned
counsel has been repeatedly seeking time on behalf of the respondent No. 4. Such
practice on the part of the respondent No. 4 clearly appears to be an attempt to
overreach the Court's order. Be that as it may, before taking a final view in the matter and
on the request of Ms. Bhattacharjee, this writ petition is directed to be posted again on Page No.# 3/3
16-06-2023, as a fixed item, so as to give her one final opportunity to place on record,
the affidavit, as directed by this Court.
JUDGE GS
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