Mustt Hasina Begum vs Assam State Tansport Corporation
2023 Latest Caselaw 4514 Gua

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GAHC010234042023




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

                                  Case No. : CRP/173/2023

            MUSTT HASINA BEGUM
            W/O LATE AMZAD ALI, R/O BHUTNATH, P.O.-GUWAHATI-781009, DIST-
            KAMRUP (M), ASSAM



            VERSUS

            ASSAM STATE TANSPORT CORPORATION
            REPRESENTED BY ITS MANAGING DIRECTOR, HAVING ITS HEAD OFFICE
            AT PALTAN BAZAR, A.T. ROAD, P.O.-GUWAHATI-781008, DIST- KAMRUP
            (M), ASSAM



Advocate for the Petitioner   : MR J C GAUR

Advocate for the Respondent : SC, A S T C




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                            ORDER

06.11.2023

Heard Mr. JC Kaur, learned counsel for the petitioner. Also heard Mr. RM Das, learned counsel appearing for the respondents in the Assam State Transport Corporation (for short, the ASTC).

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An order dated 21.06.2023 of the learned Munsiff Kamrup(M) Guwahati in Title Suit No.131/2020 is assailed in this petition under Article 227 of the Constitution of India, whereby the learned Munsiff had declined to pass the judgment in the Title Suit, inasmuch as, an issue had arisen as to whether the respondent ASTC is a Government or a public officer requiring issuance of notice under Section 80 of the CPC.

The learned Munsiff was of the conclusion that the ASTC being in the category of State of Assam there would be a requirement of a notice under Section 80 of the CPC. Section 80 imposes the requirement of a notice in respect of a civil suit against a Government or against any public officer. In the circumstance, the issue for determination would be as to whether the ASTC is a Government or a public officer and a mere conclusion that it is within the category of the State of Assam may not be sufficient for the purpose.

Both Mr. JC Gaur, learned counsel for the petitioner as well as Mr. RM Das, learned counsel for the ASTC pray for an adjournment to examine the matter as to whether the ASTC, under the law, can be included in the concept of 'Government' or 'public officer' under Section 80 of the CPC.

List on 20.11.2023

As the matter involves a determination of a question of law, an endeavour would be made to give a final consideration to the matter on the next date fixed.

JUDGE Page No.# 3/3

Comparing Assistant