Gauhati High Court
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GAHC010131342015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Tr.P.(C)./68/2015
SHAH NEWAZ KHAN and 5 ORS
S/O LT. ABDUL ROUF KHAN
2: SHAH NAQIB KHAN
S/O LT. ADUL ROUF KHAN
3: SHAH IMRAN KHAN
S/O LT. ABDUL ROUF KHAN
4: MD. ZAHIR KHAN
S/O LT. MD. HASSAN KHAN
5: SADDAD KHAN
S/O LT. MD. HASSAN KHAN
6: SUILTAN MEHMOOD KHAN
S/O LT. MD. HASSAN KHAN ALL ARE PERMANENT RESIDENT OF
BOKAJAN
P.S. BOKAJAN DIST. KARBI ANGLONG
ASSAM
HAVING RESIDENCE IN PURANA BAZAAR
DIMAPUR
DIST. DIMAPUR
NAGALAND
VERSUS
THE STATE OF NAGALAND AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
NAGALAND, DEPARTMENT, OF POWER, KOHIMA, NAGALAND.
2:THE SECRETARY TO THE GOVT. OF NAGALAND
DEPARTMENT OF LAND REVENUE
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KOHIMA NAGALAND.
3:THE DEPUTY COMMISSIONER
DIST. DIMAPUR
NAGALAND.
4:THE CHAIRMAN
CUM MANAGING DIRECTOR
NATIONAL HYDRO ELECTRIC POWER CORPORATION LTD.
CORPORATE OFFICE- NHPC OFFICE COMPLEX
SECTOR 33
FARIDABAD- 121003
HARYANA.
5:THE CHIEF ENGINEER
LOKTAK HYDRO ELECTRIC POWER CORPORATION
BISHENPUR
MANIPUR.
6:ON THE DEATH OF MD. MANSUR AHMED
HIS SON SALIM AHMED R/O BURMA CAMP
DIMAPUR
NAGALAND
Advocate for the Petitioner : MR.D P CHALIHA
Advocate for the Respondent : MR.R K D CHOUDHURYR-4and5
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
03. 05. 2023
(1) Heard Mr. DP Chaliha, learned Senior counsel assisted by Ms. M Roy,
learned counsel for the petitioners.
(2). The present application was filed for transfer of a Civil Suit No.
3/2007 from the court of learned District Judge, Dimapur, Nagaland to the
learned District Judge, Guwahati.
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(3). This court under its order dated 19.09.2015 issued notice of motion,
returnable on 07.12.2015. The matter was listed on 07.12.2015 and on
that date it was directed that the matter be listed on 10.12.2015. On
10.12.2015, this court without awaiting for notice to return, dismissed the
transfer petition holding that the High Court does not have the power to
transfer a suit pending in a court in one State to another court in another
State.
(4). Such decision was assailed before the Hon'ble Apex Court in Civil
Appeal No. 1497/2023 and the Hon'ble Apex Court under its judgment
dated 28.02.2023 set aside the order of this court passed on 10.12.2015
and requested this court to expeditiously dispose of the pending transfer
petition.
(5). That is why this matter is listed before this court. The record reveals
that Mr. RKD Choudhury and Ms. L Devi had entered appearance for
respondent Nos. 4 and 5. Mr. Choudhury submits that the clients are not
in touch with him since long and the matter has returned back from
Hon'ble Supreme court recently. Therefore, he may be granted some time
to obtain instruction from his clients. Prayer is allowed.
(6). Ms. M Kechi, learned counsel appearing for the respondent Nos. 1,2
and 3 submits that she may be granted some time to have instruction
whether the State will object to such transfer petition. Prayer is allowed.
(7). However, it is not discernable from office note, whether notice upon
the private respondent No. 6 has been served. Accordingly, this court is of
the view that a fresh notice be issued to the said respondent, returnable
after four weeks.
(8). Steps be taken through registered post with A/D and by usual
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process within a period of one week from today.
(9). Till return of such notice, the further proceeding of Civil Suit No.
3/2007 pending before the Principal District Judge, Dimapur shall remain
stayed.
(10). List accordingly.
JUDGE
Comparing Assistant
