Gangu Orang vs Kamal Bahadur Chetri And 8 Ors
2023 Latest Caselaw 1105 Gua

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GAHC010062642019




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

                          Case No. : Review.Pet./62/2019

         GANGU ORANG
         (ONE BENEFICIARY OF PATHAKPUR CO-OPERATIVE SOCIETY), S/O-
         AGHNU ORANG, R/O- VILL.- SUTIABASTI, P.O.- SHILLONGKHUTTI, PIN-
         784508, P.S.- MAZBAT, DIST.- UDALGURI, (BTAD), ASSAM.

         VERSUS

         KAMAL BAHADUR CHETRI AND 8 ORS
         S/O- SHER BAHADUR CHETRI R/O- VILL.- SUTIABASTI, P.O.-
         SHILLNGKHUTTI, PIN- 784508, P.S. MAZBAT, DIST.- UDALGURI (BTAD),
         ASSAM

         2:THE STATE OF ASSAM
          REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM FOOD AND
         CIVIL SUPPLIES DEPARTMENT
          DISPUR
          GUWAHATI-06.

         3:THE DIRECTOR
          FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS
          GUWAHATI-05
         ASSAM

         4:THE ASSISTANT DIRECTOR
          FOOD AND CIVIL SUPPLIES
          UDALGURI (BTAD)
         ASSAM

         5:THE INSPECTOR OF FOOD AND CIVIL SUPPLIES
          UDALGURI (BTAD)
         ASSAM

         6:THE DEPUTY COMMISSIONER
          UDALGURI (BTAD)
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             ASSAM

            7:THE BODOLAND TERRITORIAL COUNCIL
             REP. BY ITS PRINCIPAL SECRETARY KOKRAJHAR
             BTAD.

            8:THE PATHAKPUR G.P.S.S. LTD.
             REP. BY ITS PRESIDENT
             MAZBAT
             UDALGURI (BTAD)
            ASSAM

            9:SRI NIREN MUSHAHARI
             SECRETARY
            THE PATHAKPUR G.P.S.S. LTD
             MAZBAT
             UDALGURI (BTAD)
            ASSAM

Advocate for the Petitioner   : MR. S BARTHAKUR

Advocate for the Respondent : MR. P SARMAH




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 20.03.2023

Heard Mr. S. Barthakur, learned counsel for the review petitioner and Mr. B. Chakravarty, learned counsel for the respondent no. 1.

Mr. Chakravarty, learned counsel for the respondent no. 1 has submitted that the conviction and sentence passed by the judgment and order dated 12.12.2017 passed by the Sub-Divisional Judicial Magistrate [S], in G.R. Case no. 1077/2014 against the respondent no. 1 has been set aside by the Court of learned Sessions Judge, Udalguri in Criminal Appeal no. 01/2018 vide judgment and order dated 11.07.2019. In such view of the matter, the review petition is not maintainable. He has submitted that he will bring the judgment and order dated 11.07.2019 on record by way of an affidavit.

The prayer is allowed.

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List the case on 29.03.2023.

JUDGE

Comparing Assistant