Ahmed Hussain Majumder vs The State Of Assam And 5 Ors
2024 Latest Caselaw 6038 Gua

Gauhati High Court

Ahmed Hussain Majumder vs The State Of Assam And 5 Ors on 19 August, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                  Page No.# 1/2

GAHC010136382024




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

                          Case No. : WP(C)/3484/2024

         AHMED HUSSAIN MAJUMDER
         S/O LATE ABBAS ALI MAZUMDER, R/O VILL- BILPAR DHUMKAR, P.O.-
         RANGAUTI, P.S.-HAILAKANDI, DIST- HAILAKANDI, ASSAM, PIN-788155



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
         ASSAM, TRANSPORT DEPARTMENT, JANATA BHAWAN (ASSAM
         SECRETARIAT COMPLEX), DISPUR, GUWAHATI-781006

         2:JOINT SECRETARY TO THE GOVERMENT OF ASSAM
         TRANSPORT DEPARTMENT
          JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX)
          DISPUR
          GUWAHATI-781006

         3:COMMISSIONER OF TRANSPORT
         ASSAM
          PARIBAHAN BHAWAN
          JAWAHAR NAGAR
          KHANAPARA
          GUWAHATI-781022

         4:COMMISSIONER AND SECRETARY TO THE GOVERNOR OF ASSAM
          RAJ BHAVAN ASSAM
          KHARGULI HILLS
          UZANBAZAR
          GUWAHATI-781001

         5:DISTRICT TRANSPORT OFFICER
          KARIMGANJ
                                                                           Page No.# 2/2

              STREAMER GHAT ROAD
              KARIMGANJ
              ASSAM-788710

              6:DISTRICT TRANSPORT OFFICER
               HAILAKANDI
               MISSION ROAD
               HAILAKANDI
              ASSAM
               PIN-78815

Advocate for the Petitioner   : MR A R BHUYAN, MR N A MAZARBHUIYA,MR N Z
CHOUDHURY

Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, GA, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

19.08.2024.

Ms. MD Bora, learned Standing Counsel, Transport Department, Assam has submitted that the writ petition may not be maintainable as a departmental appeal is admittedly filed. She has also placed reliance upon a judgment of the Hon'ble Madhya Pradesh High Court in the case of Essar Steels Vs. Union of India, reported in 1995 SCC OnLine MP 530.

Be that as it may, let affidavit(s) be filed by the respondents.

Pendency of this case shall not be a bar for consideration and disposal of the appeal.

List this case after 4 weeks.

JUDGE

Comparing Assistant