Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 5 Ors on 12 June, 2024
Author: Suman Shyam
Bench: Chief Justice, Suman Shyam
Page No.# 1/51
GAHC010186982021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/323/2021
KRISHNA HANDIQUE AND 102 ORS
S/O- BIREN HANDIQUE
VILLAGE- MECHAGARH
P.O- MECHAGARH
P.S- NAZIRA
DISTRICT- SIVASAGAR, ASSAM.
2: BISWAJIT GOGOI
S/O- MONIRAM GOGOI
VILLAGE- NA-HAT
P.O- NA-HAT
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
3: KAKU KUMAR DUTTA
S/O- THUKHESWAR DUTTA
VILLAGE- MICHAJAN
P.O- MICHAJAN
P.S- NAMTI
DISTRICT- SIVASAGAR
ASSAM.
4: RUPJYOTI CHETIA
D/O DULAL CHETIA
VILLAGE- HARIKINAR
P.O- HATIPATTY
P.S- GELEKY
DISTRICT- SIVASAGAR
ASSAM.
5: SANTANU GOGOI
S/O- NOREN GOGOI
VILLAGE- VIAMARI
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P.O- PALENGI
P.S- DEMOW
DISTRICT- SIVASAGAER
ASSAM.
6: PINKI BORGOHAIN
D/O- KAMAL BORGOHAIN
VILLAGE- GOHAIN GAON
P.O- KAIBATARDOLONE
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
7: RUMI GOGOI
D/O- SUNESWAR GOGOI
VILLAGE- TAMULI PUKHURI
P.O- MITHAPUKHURI
P.S- SIBASAGAR
DISTRICT- SIVASAGAR
ASSAM.
8: MRIDUL LEKHARU
S/O- ROHINI LEKHARU
VILLAGE- TIFUK KACHARI
P.O- DOBA TINIALI
P.S- MORANHAT
DISTRICT- SIVASAGAR
ASSAM.
9: MOON KONWAR BORAH
D/O- DIPAK BORAH
VILLAGE- CHEREKAPAR CHANGMAI GAON
P.O- CHEREKAPAR
P.S- SIBASAGAR
DISTRICT- SIVASAGAR
ASSAM.
10: NITU DOLEY
D/O- TRIDIP DOLEY
VILLAGE- WEST JAMUNAROAD
P.S AND P.O- SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
11: PARAG DAS
S/O- INDRA DAS
VILLAGE- KONWARPUR SENSUWA
P.O- CHAULKARA
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P.S. SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
12: DEEPJYOTI DAS
S/O- NANDI RAM DAS
VILLAGE- PATHALIAL KOIBARTTA GAON
P.O- PATSAKU
P.S- BAKATA NEMUGURI
DISTRICT- SIVASAGAR
ASSAM.
13: LAKHI NATH DAS
S/O- PRAFULLA DAS
VILLAGE- BOKATA LAKHMONI
P.O- PATSAKU
P.S- BOKOTA NEMUGURI
DISTRICT- SIVASAGAR
ASSAM.
14: RUPJYOTI KONWAR
S/O- PUNYA PONWAR
VILLAGE- MADURI MOLAGAON
P.O- MADURI
P.S- NAZIRA
DISTRICT- SIVASAGAR
ASSAM.
15: PARTHAJIT POGOI
S/O- GULUK CH. GOGOI
VILLAGE- CHANGMAI GAON
P.O- CHEREKAPAR
P.S- SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
16: SANJIB GOGOI
S/O- BHARAT GOGOI
VILLAGE- LALIMGAON
P.O- CHEREKAPAR
P.S- SIVSAGAR
DISTRICT- SIVASAGAR
ASSAM.
17: BIDYA BORAH
S/O- NOBIN BORAH
VILLAGE- LEFERA GAON
P.O- SILASAKU
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P.S - SIMALUGURI
DISTRICT- SIVASAGAR
ASSAM.
18: BIDYUT BIKASH BORAH
S/O- ARUN BORAH
VILLAGE- HAHCHARA MONIPURIA GAON
P.O- HAHCHARA KUJIBAL
P.S - SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
19: SARIFUL HUSSAIN
S/O- SK. MOHIBUL HUSSAIN
VILLAGE- BORUAH CHUCK
P.O- KONWARPUR
P.S- SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
20: GAKUL ARANDHARA
S/O-UPEN ARANDHARA
VILLAGE AND P.O- MAJBARI
P.S- HALUWATING
DISTRICT- SIVASAGAR
ASSAM.
21: AKIBUDDIN AHMED
S/O- MUHIRATDDIN AHMED
VILLAGE- KARDOIGURI
P.O- SUKANPUKHURI
P.S- SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
22: ANKUR CHETIA
S/O- RADHA CHETIA
VILLAGE- JABALATING
P.O- BAKHARBENGANA
P.S- NEMUGURI
DISTRICT- SIVASAGAR
ASSAM.
23: ANKITA BORUAH
D/O- HOREN BORUAH
VILLAGE- BOKOTA NAGAON
P.O- HOLOGURI
P.S- NEMUGURI
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DISTRICT- SIVASAGAR
ASSAM.
24: MANASHJYOTI KONWAR
S/O- BIPIN KONWAR
VILLAGE- KUJIBALI KONWAR GAON
P.O- HANCHARA LAKHMONI
P.S- BOKOTA NEMUGURI
DISTRICT SIVASAGAR
ASSAM.
25: ROMAN BORGOHAIN
S/O- DILIP BORGOHAIN
VILLAGE- MECHAGARH GOHAIN
P.O- MECHAGARH
P.O- NAZIRA
DISTRICT- SIVASAGAR
ASSAM.
26: DIPAMONI CHANGMAI
D/O- PITAMBAR CHANGMAI
VILLAGE- BUKANAGAR
P.O- HATICHARA KUJIBALI
P.S- SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
27: MITALI SADHANIDAR
D/O- LATE- PADMESHWAR SADHANIDAR
VILLAGE- GUWAL GAON
P.O- DIKHOMUKH
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
28: POPIMONI DAS
D/O- LATE- PURNA DAS
VILLAGE- NAMDANG
P.O AND P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
29: SANGITA MARAR
D/O- SURAJ KR. MARAR
VILLAGE- KETEKIBARI
P.O- MEZENGA
P.S- NAZIRA
DISTRICT- SIVASAGAR
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ASSAM.
30: RASMI REKHA GOGOI
D/O- INDRESWAR GOGOI
VILLAGE- NAGALAMARA AHOM GAON
P.O AND P.S- NAGALAMARA
DISTRICT- SIVASAGAR
ASSAM.
31: SEWALI PEGU
D/O- PHUKAN PEGU
VILLAGE- DEOGHARIA
P.O- RANGALI
P.S- KAKATIBARI
DISTRICT- SIVASAGAR
ASSAM.
32: KOUSTOVE MAHANTA
S/O- INDRA MAHANTA
VILLAGE- DEOPANI
P.O- DEOPANI
P.S- GELEKEY
DISTRICT- SIVASAGAR
ASSAM.
33: JITU GOGOI
S/O-MILON GOGOI
VILLAGE- MAJUMELIA
P.O- PHULPANI CHIGA
P.S- GAURISAGAE
DISTRICT- SIVASAGAR
ASSAM.
34: SATYAJIT BORAH
S/O- MITHARAM BORAH
VILLAGE- OUTOLA MAJGAON
P.S AND P.O- DEMOW
DISTRICT- SIVASAGAR ASSAM.
35: BISWAJIT GOGOI
S/O- PARAMANANDA GOGOI
VILLAGE- JATAKIA
P.O- JATAKIA
P.S- SIBASAGAR
DISTRICT- SIVASAGAR
ASSAM.
36: SIMANTA SAIKIA
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S/O- DANDIRAM SAIKIA
VILLAGE- KASHIBARI
P.O- BARHOITING
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
37: PRONAB CHETIA
S/O-LATE -PUMESWAR CHETIA
VILLAGE- NO-PAM CHETIA
P.S- SINGHADUAR
P.O- SIBASAGAR
DISTRICT- SIVASAGAR
ASSAM.
38: ANIL KALITA
S/O- RUDRA KALITA
VILLAGE- NAMDANG
P.S AND P.O- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
39: BISWAJIT GOGOI
S/O- SUNIL GOGOI
VILLAGE- HANDIANE GAON
P.O- CHAMUA KHANIKOR
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
40: ARABINDRA HATIMURIA
S/O- PADMA HATIMURIA
VILLAGE- AIDEOBARI
P.O- DEOGHARIA
P.S- GELEKY
DISTRICT- SIVASAGAR
ASSAM.
41: PARTHAJYOTI GOGOI
S/O- DILIP GOGOI
VILLAGE- BAMWATI
P.O- CHARING
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
42: JATIN BORUAH
S/O- DIMBA BORUAH
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VILLAGE- DEWDUBI
P.O- NA-HAT
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
43: JUN GOGOI
S/O- JITEN GOGOI
VILLAGE- NAMTI
P.O- NAMTI
P.S-NAZIRA
DISTRICT- SIVASAGAR
ASSAM.
44: AJIT BORAH
S/O- TARUN BORAH
VILLAGE- PURANI MELIA
P.O- PHULPANICHIGA
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
45: MAKHAN HAZARIKA
S/O- MOHAN HAZARIKA
VILLAGE- BOKOTA KHAMUN
P.O- KIHAMUN
P.S- BOKOTA
DISTRICT- SIVASAGAR
ASSAM.
46: KIRON CHANGMAI
S/O- SUREN CHANGMAI
VILLAGE- BOKPARA
P.O- NETAI
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
47: NITYANANDA NEOG
S/O- RAMEN NEOG
VILLAGE- BETBARI DAWGAON
P.O- MITHAPUKHURI
P.S- SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
48: RINTU GOGOI
S/O- SATANYA GOGOI
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VILLAGE- SADHANI CHUCK
P.O- DIHING MUKH
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
49: DENISH BURAGOHAIN
S/O- ARUN BURAGOHAIN
VILLAGE- SOLADHARA
P.O- SILASAKU
P.S- SIMALUGURI
DISTRICT- SIVASAGAR
ASSAM.
50: PAPU KHANIKAR
S/O- PRABIN KHANIKAR
VILLAGE- NA-PAM
P.O- CHARIN
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
51: PRASANTA KALITA
S/O- PUWAL KALITA
VILLAGE AND P.O- SARAGUWA
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
52: BIDYUT RANJAN KONWAR
S/O- BAIDANATH KONWAR
VILLAGE- RAISAI
P.O AND P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
53: RAKESH JULLAH
S/O- PONESH JULLA
VILLAGE- BOKABIL
P.O- MITHAPUKHURI
P.S- SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
54: PHANIDHAR BORAH
S/O- AKHOTI BORAH
VILLAGE- BETBARI JULA GAON
P.O- MITHAPUKHURI
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P.S- SIBASAGAR
DISTRICT- SIVASAGAR
ASSAM.
55: ARJUN GOGOI
S/O- PUTUL GOGOI
VILLAGE- NABIL
P.O- UDOIPUR
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
56: UMESH KONWAR
S/O- TRAILUKYA KONWAR
VILLAGE- GAJALI
P.O- RAJMAI
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
57: PRANAB PHUKAN
S/O- KAMAL PHUKAN
VILLAGE AND P.O- SARAGUWA
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
58: DEEPJYOTI CHETIA
S/O-BENUDHAR CHETIA
VILLAGE- SANTAK BOGDOI
P.O- SONTAK
P.S- SIMALUGURI
DISTRICT- SIVASAGAR
ASSAM.
59: SURAJ GOGOI
S/O- GUNARAM GOGOI
VILLAGE- DALAMIA
P.O- PHULPANICHIGA
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
60: JOYJYOTI LAHAN
S/O- TUBURAM LAHON
VILLAGE- BORAKHOWA LAHAN
P.O- JATAKIA
P.S- NAZIRA
Page No.# 11/51
DISTRICT- SIVASAGAR
ASSAM.
61: SUNIL GOGOI
S/O- DHIREN GOGOI
VILLAGE AND P.O- PIOLIPHUKJON
P.S- GELEKY
DISTRICT-SIVASAGAR
ASSAM.
62: LILAMBOR GOGOI
S/O- PHULESWAR GOGOI
VILLAGE- CHAULKORA
P.O- DEKHARIKINAR
P.S- SIBASAGAR
DISTRICT- SIVASAGAR
ASSAM.
63: PRONOB BORGOHAIN
S/O-GONESH BORGOHAIN
VILLAGE- BAHUABARI
P.O- BAM RAJABARI
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
64: LAKHI BHARULUWA
S/O KOKOI BHARALUWA
VILLAGE- BAKATA MOIM CHUCK
P.O- BAKATA
P.S- BAKATA NEMUGURI
DISTRICT- SIVASAGAR
ASSAM.
65: PRONAB GOGOI
S/O- JUGESWAR GOGOI
VILLAGE- HATIKINAR
P.O- PEOLI PHOKAN
P.S- GELEKY
DISTRICT- SIVASAGAR
ASSAM.
66: MADHAV CHETIA
S/O- PURNANDA CHETIA
VILLAGE- HENA ALI
P.O- BAULIMAIDAN
P.S- NAZIRA
DISTRICT- SIVASAGAR
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ASSAM.
67: MOHAN SINGH GHAR
S/O- MOHUHAR GHAR
VILLAGE AND P.O- HATIPOTI
P.S- GELEKY
DISTRICT- SIVASAGAR
ASSAM.
68: MANURANJAN GOGOI
S/O- GHANA KANTA GOGOI
VILLAGE -NO.2 HALAGARI
P.O- MOUDUMUNI
P.S- MORANHAT
DISTRICT- SIVASAGAR
ASSAM.
69: DEBAJIT BARMAN
S/O- ANIL BARMAN
VILLAGE- BHARALUWA
P.O- DIKHOMUKH
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
70: JAYANTA DEORI
S/O- LATE -LAKHIMBAR DEORI
VILLAGE- KATIHARI
P.O- BAM RAJABARI
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
71: BINOD BORUAH
S/O- LOLIT BORUAH
VILLAGE- BOGORIGURI LIKSON
P.O- RAMANIALI
P.S- SIMANALUGURI
DISTRICT- SIVASAGAR
ASSAM.
72: SIMANTA GOGOI
S/O- RADMA GOGOI
VILLAGE- BOGARIGURI LUNPURIA
P.O- RAMANIALI
P.S- SIMALUGURI
DISTRICT- SIVASAGAR
ASSAM.
Page No.# 13/51
73: SAILEN CHUTIA
S/O- DURGA CHUTIA
VILLAGE AND P.O- BOGIDOLE
P.S- SIBASAGAR
DISTRICT- SIVASAGAR
ASSAM.
74: BULI BORUAH
D/O- HEMA BORUAH
VILLAGE- NAHARTOLI
P.O- KHALOIGHOGRA
P.S- MORANHAT
DISTRICT- SIVASAGAR
ASSAM.
75: MINTU GOGOI
S/O- UMA KANTA GOGOI
VILLAGE- BORALI PUKHURI
P.O- SENSUWA
P.S- HALUWATING
DISTRICT- SIVASAGAR
ASSAM.
76: PRASANTA GOGOI
S/O- NEREN GOGOI
VILLAGE- PATARGAON BORUA ALI
P.O AND P.S- HALUWATING
DISTRICT- SIVASAGAR
ASSAM.
77: NITUL GOGOI
S/O- NITYANANDA GOGOI
VILLAGE- NABIL
P.O- UDAIPUR
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
78: MRIDUL BORUAH
S/O- BISWAJIT BORUAH
VILLAGE- NO.1 AHOM GAON
P.O- SINGIBIL
P.S- GELEKY
DISTRICT- SIVASAGAR
ASSAM.
79: MONJIT HANDIQUE
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S/O- NOREN HANDIQUE
VILLAGE AND P.O- DEGHOLIA
P.S- BORBORUAH
DISTRICT- SIVASAGAR
ASSAM.
80: AMARJYOTI BORUAH
S/O- PHONINDRA BORUAH
VILLAGE- MAJUMALIA
P.O- PHULPANICHIGS
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
81: DHRUBAJYOTI PHUKAN
S/O- ROBIN PHUKAN
VILLAGE- BARUWATI
P.O- CHARING
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
82: NABAJYOTI NATH
S/O- GOLAP NATH
VILLAGE- CHABUKDHARA
P.O- HATIGHULI
P.S- GAIROSAGAR
DISTRICT- SIVASAGAR
ASSAM.
83: LAKHI PEGU
S/O- DEBAKANTA PEGU
VILLAGE- DEOGHARIA RANGALI
P.O- DEOGHARIA
P.S- KAKOTIBARI
DISTRICT- SIVASAGAR
ASSAM.
84: HIREN CHUTIA
S/O- SUREN CHUTIA
VILLAGE- MAHMORA KHONIKOR
P.O- NAMTI
P.S- AMGURI
DISTRICT- SIVASAGAR
ASSAM.
85: BIMAL KAKARACHOWA
S/O-HOMESWAR KUKURACHUWA
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VILLAGE- BOKOTA
P.S- BOKOTA NEMUGURI
DISTRICT- SIVASAGAR
ASSAM.
86: TARUN BORO
S/O- LATE- MENESWAR BORO
VILLAGE- MICHAJAN
P.O AND - BORHAT
DISTRICT- SIVASAGAR
ASSAM.
87: CHITRA RANJAN LEKHARU
S/O- NAGEN LEKHARU
VILLAGE- MOHCHAL
P.O- HAFALUTING
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
88: GAKUL PHUKAN
S/O- RUPESWAR PHUKAN
VILLAGE- AKHOIYA
P.O- PATSAKU
P.S- MORANHAT
DISTRICT- SIVASAGAR
ASSAM.
89: SANKARJYOTI GOGOI
S/O PUNARAM GOGOI
VILLAGE- HUDUPARA PACHANI
P.S- NAZIRA PACHONI
DISTRICT- SIVASAGAR
ASSAM.
90: PARTHA PRATIM SADHANIDAR
S/O- DEBA SADHANIDAR
VILLAGE- BHESELIMARI
P.O- DEKHOWMUKH
P.S- SIBSAGAR
DISTRICT- SIVASAGTAR
ASSAM.
91: MRIDUPABAN LAHON
S/O- SAITYADHAR LAHON
VILLAGE- DEWRI CHIGA
P.O- NETAI
P.S- DEMOW
Page No.# 16/51
DISTRICT- SIVASAGAR
ASSAM.
92: LAKHIDHAR BEZBARUAH
S/O- GIRISH BEZBARUAH
VILLAGE- DUPANI
P.O- NETAI
P.S- DEMOW
DISTRICT- SIVASAGAR
ASSAM.
93: PRONOB BORAH
S/O- JUGEN BORAH
VILLAGE - GARKUKH
P.O- PHULPANICHIGA
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
94: BIBEK CH. DUTTA
S/O-AKONMAN DUTTA
VILLAGE- GARKUKH
P.O- PHULAPANICHIGA
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
95: PANKAJ DUTTA
S/O- BHABEN CH. DUTTA
VILLAGE- CHARING DULIA GAON
P.O- BARUWATI
P.S- GAURISAGAR
DISTRICT- SIVASAGAR
ASSAM.
96: MAHESJH MAJHI
S/O- SABHILAL MAJHI
VILLAGE- HARKINA
P.O- PEOLIPUKAN
P.S- GELEKY
DISTRICT- SIVASAGAR
ASSAM.
97: BABUL GOGOI
S/O- MANIK GOGOI
VILLAGE- MUJUMOLIA GOHAIN GAON
P.O AND P.S- DEMOW
DISTRICT- SIVASAGAR
Page No.# 17/51
ASSAM.
98: PRASANTA CHETIA
S/O- SANIT CHETIA
VILLAGE- BHADHARA NA-PAM GAON
P.O- PHADHARA
P.S- SIBASAGAR
DISTRICT- SIVASAGAR
ASSAM.
99: UJJAL NATH
S/O- PADMAKANTA NATH
VILLAGE- NATH GAON
P.O- CHARING
P.S- GAURISAGAR
DISTRICT - SIVASAGAR
ASSAM.
100: MONUJ BORUAH
S/O- JITEN BORUAH
VILLAGE- BORGOHAIN BARI
P.O- BONOMALI
P.S- KAKATIBARI
DISTRICT- SIVASAGAR
ASSAM.
101: MANTU RAJKONWAR
S/O- MONESWAR RAJKONWAR
VILLAGE- SAGARBARI
P.O- PATSAKU
P.S- MORANHAT
DISTRICT- SIVASAGAR
ASSAM.
102: JATIN CHETIA
S/O- GHANAKANTA CHETIA
VILLAGE-PANBECHA
P.O- BETNA
P.S- SIBASAGAR
DISTRICT- SIVASAGAR
ASSAM.
103: JAGAT BARUAH
S/O- KONESWAR BARUAH
VILLAGE- NA-HAT
P.O- KHALOIGHOGRA GAON
P.S- MORANHAT
DISTRICT- SIVASAGAR
Page No.# 18/51
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, DEPARTMENT OF HOME, DISPUR, GUWAHATI-
781006
2:THE DIRECTOR GENERAL OF POLICE
ASSAM
ASSAM POLICE HEADQUARTERS
ULUBARI
GUWAHATI-781007
3:THE ADDITIONAL DIRECTOR GEENRAL OF POLICE (TAP)
ASSAM POLICE HEADQUARTER
ULUBARI
GUWAHATI-781007
4:THE INSPECTOR GEENRAL OF POLICE (ADMN)
ASSAM POLICE HEADQUARTERS
ULUBARI
GUWAHATI-781007
5:THE SUPERINTENDENT OF POLICE
SIVASAGAR
DIST-SIVASAGAR
ASSAM
6:THE STATE LEVEL POLICE RECRUITMENT BOARD
ASSAM
REPRESENTED BY ITS CHAIRMAN
ASSAM POLICE HOUSING CORPORATION LTD
REHABARI
GUWAHAT
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : GA, ASSAM
Linked Case : WA/50/2022
Page No.# 19/51
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI- 781006.
2: THE DIRECTOR GENERAL OF POLICE
ASSAM POLICE HEADQUARTERS
ULUBARI
GHY-7
3: THE INSPECTOR GENERAL OF POLICE (ADMN.)
ASSAM
ASSAM POICE HEADQUARTER
ULUBARI
GHY-7
VERSUS
SRI PALASH PHUKAN AND 165 ORS
S/O NANDESWAR PHUKON
VILL. LAPAI DIGHAL DERIALI
PO. DEMOW MUKH
P.S. SIBSAGAR.
PIN- 785663.
2:HEMANTA CHUTIA
S/O JOYRAM CHUTIA
VILL. BANMUKH CHUTIA GAON
PO. BANMUKH
P.S. SIBSAGAR
PIN- 785663.
3:BROZEN BORAH
S/O GUNA KANTA BORAH
VILL. BAGPARA NITAI PUKHURI
PO. NITAIPUKHURI
P.S. DEMOW
PIN- 785671.
4:PINKI BORGOHAIN
D/O KAMAL BORGOHAIN
VILL. GOHAIN GAON
PO. KAIBATRADOLONE
P.S. DEMOW
PIN- 785640.
5:RUMI GOGOI
D/O SUNESWAR GOGOI
Page No.# 20/51
VILL. TAMULI PUKHURI
PO. MITHAPUKHURI
P.S. SIBSAGAR
PIN- 785697.
6:RIPUNJA BORAH
S/O KIRON BORAH
VILL. METEKA GHAT
PHUKAN NAGAR
PO/PS. SIBSAGAR
7:SANJIB GOGOI
S/O BHARAT GOGOI
VILL. LALIMGAON
PO. CHEREKAPAR
PO. SIBSAGAR
8:BIBHUJIT GOGOI
S/O LT. PRODIP GOGOI
VILL. CHANGMAI GAON
PO. CHEREKAPAR
P.S. SIBSAGAR
9:PARTHAJIT GOGOI
S/O GULUK CH. GOGOI
VILL. CHANGMAI GAON
PO. CHEREKAPAR
P.S. SIBSAGAR
10:BIMAN DOWARAH
S/O KHETRADHAR DOWARAH
VILL. PANBESA
PO. BETENA
P.S. SIBSAGAR
11:BIDYUT BIKASH BORAH
S/O ARUN BORAH
VILL. HAHCHARA MONIPURIA GAON
PO. HAHCHARA KUJIBALI
P.S. SIBSAGAR
12:SARIFUL HUSSAIN
S/O SK. MOHIBUL HUSSAIN
VILL. BORUAH CHUCK
PO. KONWARPOUR
P.S. SIBSAGAR
13:BISWAJIT GOGOI
S/O PARAMANANDA GOGOI
Page No.# 21/51
VILL. JATAKIA
PO. JATAKIA
P.S. SIBSAGAR
14:SATYAJIT BORAH
S/O MITHARAM BORAH
VILL. OUTOLA MAJGAON
PO/PS. DEMOW
15:BIDYA BORAH
S/O NOBIN BORAH
VILL. LEFERA GAON
PO. SILASAKU
P.S. SIMALUGURI
16:RITU KALITA
S/O RAMESH KALITA
VILL. RUPAPUR KALITA
PO. DEMOW
P.S. DEMOW
17:AKIBUDDIN AHMED
S/O MUHIRATDDIN AHMED
VIL. KARDOIGURI
PO. SUKANPUKHURI
P.S. SIBSAGAR
18:JAYANTA KONWAR
S/O BIREN KONWAR
VILL.NO.2 KONWAR GAON
PO. MITHA PUKHURI
P.S. SIBSAGAR
19:BISWAJIT NEOG
S/O MOHANDRA NEOG
VILL. DULIA GAON
PO. CHARING
P.S. SIBSAGAR
20:BIRAJ DUTTA
S/O JITEN DUTTA
VILL. CHARING DULIA
PO. BARUTI
P.S. GAURISAGAR
21:SIMANTA SAIKIA
S/O DANDIRAM SAIKIA
VILL. KASHIBARI
PO. BARUWATI
Page No.# 22/51
P.S. GAURISAGAR
22:PRONAB CHETIA
S/O LATE PUNESWAR CHETIA
VILL. NO-PAM CHETIA
PO. SINGHADOWAR
P.S. SIBSAGAR
23:BOLINDRA BORAH
S/O ROBIN BORAH
VILL. JAPIHOJIA
PO. KALUGAON
P.S. AMGURI
24:ANIL KALITA
S/O RUDRA KALITA
VILL. NAMDANG
PO/PS. GAURISAGAR
25:BISWAJIT GOGOI
S/O SUNIL GOGOI
VIL. HANDIANE GAON
PO. CHAMUA KHANIKOR
P.S. GAURISAGAR
26:ROMAN BORGOHAIN
S/O DILIP BORGOHAIN
VILL. MECHAGARH GOHAIN
PO. MECHAGARH
P.S. NAZIRA
27:KRISHNA HANDIQUE
S/O BIREN HANDIQUE
VILL. MECHAGARH
PO. MECHAGARH
P.S. NAZIRA
28:ARABINDA HATIMURIA
S/O PADMA HATIMURIA
VILL. AIDEOBARI
PO. DEOGHARIA
P.S. GELEKY
29:PARTHA JYOTI GOGOI
S/O DILIP GOGOI
VILL. BAMWATI
PO. CHARING
P.S. GAURISAGAR
Page No.# 23/51
30:JATIN BORUAH
S/O DIMBA BORUAH
VILL. DEWDUBI
PO. NA-HAT
P.S. DEMOW
31:HEMANTA DAS
S/O TILIKA DAS
VILL. KHAMUN
PO. KHAMUN
P.S. BOKOTA
32:KRISHNA GOGOI
S/O PUTUL GOGOI
VILL. MARAGAON
PO. MADURI
P.S. NAZIRA
33:KAKU KR. DUTTA
S/O THUKHESWAR DUTTA
VILL. MICHAJAN
PO. MICHAJAN
P.S. NAMTI
34:UZZAL BARUAH
S/O PORAFULLA BARUAH
VILL. ABHOYPURI
PO. DEORAJA
P.S. GAURISAGAR
35:INDRA GOGOI
S/O DIMBESWAR GOGOI
VILL. NAHAT
PO/PS. DEMOW
36:PADMA PHUKAN
S/O JAYRAM PHUKAN
VILL. LEPAIDHEGHAT DORIAL
PO. DEMOW MUKH
P.S. SIBSAGAR
37:MAKHAN HAZARIKA
S/O MOHAN HAZARIKA
VILL. BOKOTA KHAMUN
PO. KHAMUN
P.S. BOKOTA NEMUGURI
38:AJIT BORAH
Page No.# 24/51
S/O TARUN BORAH
VILL. PURANI MELIA
PO. PHULPANICHIGA
P.S. GAURISAGAR
39:RAHUL GOGOI
S/O SAHURAM GOGOI
VILL. THAWRA MAJGAON
PO. RAJMAI
P.S. DEMOW
40:BHUBON KONWAR
S/O TUKHESWAR KONWAR
VILL. NO.2 KONWARGAON
PO. METHAPUKHURI
P.S. SIBSAGAR
41:JUN GOGOI
S/O JITEN GOGOI
VILL. NAMTI
PO. NAMTI
P.S. NAZIRA
42:HIRUNONI CHETIA
S/O BINAL CHETIA
VIL. MAGANA GAON
PO. CHAULKARA
P.S. SIBSAGAR
43:KIRON CHANGMAI
S/O SUREN CHANGMAI
VILL. BOKPARA
PO. NETAI
P.S. DEMOW
44:NITYANANDA NEOG
S/O RAMEN NEOG
VILL. DAGAON
PO. MITHAPUKHURI
P.S. SIBSAGAR
45:HEMANTA GOGOI
S/O BUDHESWAR GOGOI
VILL. SADHANI CHUCK
PO. DEHING MUKH
P.S. DEMOW
46:RINTU GOGOI
S/O SATANYA GOGOI
VILL. SADHANI CHUCK
PO. DEHING MUKH
Page No.# 25/51
P.S. DEMOW
47:DENISH BURAGOHAIN
S/O ARUN BURAGOHAIN
VILL. SOLADHARA
PO. SILASAKU
P.S. SIMALUGURI
48:TAPAN PHUKAN
S/O PRABITRA PHUKAN
VILL. BOKOTA BAIRAJIBOR
PO. NAGALAMORA
P.S. NEMUGURI
49:INDRAJOTI BORAH
S/O ANUP KR. BORAH
VILL. NO.1 RUPAHIBAN
PO. UDOIPUR
P.S. DEMOW
50:PAPU KHANIKAR
S/O PRABIN KHANIKAR
VILL. NA-PAM
PO. CHARING
P.S. GAURISAGAR
51:NABADIP PHUKAN
S/O GIRIN PHUKAN
VIL. BONUA CHANGAMI GAON
PO. DEMOW
P.S. DEMOW
52:RAKESH JULLAH
S/O PONESH JULLAH
VILL. BOKABIL
PO. MITHAPUKHURI
P.S. SIBSAGAR
53:DEBOJIT CHUTIA
S/O AKON CHUTIA
VILL. ANIAL TALI
PO. UDAIPUR
P.S. DEMOW
54:GAUTOM HAZARIKA
S/O TANKESWAR HAZARIKA
VIL. POHUCHUNGI
PO. RAMONI ALI
P.S. SIBSAGAR
Page No.# 26/51
55:DIBAKAR GOGOI
S/O LUHIT GOGOI
VILL. NAHAT MAJGAON
PO. NAHAT
P.S. DEMOW
56:RANTU CHUTIA
S/O BIREN CHUTIA
VILL. BANMUKH CHUTIA MAJGAON
PO. BANMUKH
P.S. SIBSAGAR
57:PRASANTA KAITA
S/O PUWAL KALITA
VILL/PO. SARAGUWA
P.S. DEMOW
58:BIDYUT RANJAN KONWAR
S/O BAIDANATH KONWAR
VILL. RAISAI
PO/PS. DEMOW
59:PHANINDRA BORAH
S/O AKHOTI BORAH
VILL. BETBARI JULA GAON
PO. MITHAPUKHURI
P.S. SIBSAGAR
60:ARJUN GOGOI
S/O PUTUL GOGOI
VILL. NABIL
PO. UDOIPUR
P.S. DEMOW
61:UMESH KONWAR
S/O TRAILUKYA KONWAR
VILL. GAJALI
PO. RAJMAI
P.S. DEMOW
62:PRANAB PHUKAN
S/O KAMAL PHUKAN
VILL/PO. SARAGUWA
P.S. DEMOW
63:MONITRAM GOGOI
VILL. NAHAT
PO/PS. DEMOW
Page No.# 27/51
64:NAYANMONEY CHETIA
S/O DEBOJIT CHETIA
VILL. LAHAON GAON
PO. JATAKIA
P.S. NAZIRA
65:DEEPJYOTI CHETIA
S/O BENUDHAR CHETIA
VILL. SONTAK BOGDOI
PO. SONTAK
P.S. SIMALUGURI
66:SURAJ GOGOI
S/O GUNARAM GOGOI
VILL. DALAMIA
PO. PHULPANICHIGA
P.S. GAURISAGAR
67:RUPAM SAIKIA
S/O ANIL SAIKIA
VIL. BAILUNG GAON
PO. NAMTI DOLL
P.S. HALUWATING
68:JOYJYOTI LAHON
S/O TUBURAM LAHON
VILL. BORAKHOWA LAHON
PO. JATAKIA
P.S. NAZIRA
69:MRIDUL LEKHARU
S/O ROHINI LEKHARU
VILL. TIFUK KOCHARI
PO. DOBA TINIALI
P.S. MORANHAT
70:SUNIL GOGOI
S/O DHIREN GOGOI
VIL/PO. PEOLIPHUKON
P.S. GELEKY
71:LILAMBOR GOGOI
S/O PHULESWAR GOGOI
VILL. CHAULKORA
PO. DEKHARIKINAR
P.S. SIBSAGAR
72:GAKUL ARANDHARA
S/O UPEN ARANDHARA
Page No.# 28/51
VILL/PO. MAJBARI
P.S. HALUWATING
73:PRONOB BORGOHAIN
S/O GONESH BORGOHAIN
VILL. BAHUABARI
PO. BAM RAJABARI
P.S. DEMOW
74:UTPAL CHETIA
S/O MEGHANATH CHETIA
VILL. SENGDHORA
PO. SANTOK
PS. SIMALUGURI
75:POPI KONWAR
D/O LT. BIJOY KONWAR
VILL. BEZGAON
PO. NA-KHANA
P.S. GAURISAGAR
76:DIPAMONY CHANGMAI
D/O PITAMBAR CHANGMAI
VILL. BUKANAGAR
PO. HATICHARA KUJIBALI
P.S. SIBSAGAR
77:RUMI PADUN
D/O HOREN PADUN
VILL. DECHAMUKH
PO. DEHING THAN
P.S. DEMOW
78:HEMA PRABHA GOGOI
D/O MUNMI GOGOI
VILL. NAHAT MAJGAON
PO. NAHAT
P.S. DEMOW
79:RUPJYOTI CHETIA
D/O DULAL CHETIA
VILL. HARIKINAR
PO. HATIPATTY
P.S. GELEKY
80:POPIMONEY DAS
D/O LT. PURNA DAS
VILL. NAMDANG
PO/PS. GAURISAGAR
Page No.# 29/51
81:RASMI REKHA GOGOI
D/O INDRESWAR GOGOI
VILL. NAGALAMARA AHOM GAON
PO/PS. NAGALAMARA
82:SWALI PEGU
D/O PHUKAN PEGU
VILL. DEOGHARIA
PO. RANGALI
P.S. KAKATIBARI
83:LAKHI BHARALUWA
S/O KOKOI BHARALUWA
VILL. BAKATA MOLM CHUCK
PO. BAKATA
P.S. BAKATA NEMUGURI
84:PROBAB GOGOI
S/O JUGESWAR GOGOI
VILL. HATIKINAR
PO. PEOLI PHOKAN
P.S. GELEKY
85:MADHAV CHETIA
S/O PURNANANDA CHETIA
VILL. HENA ALI
PO. BAULIMAIDAN
P.S. NAZIRA
86:MOHAN SINGH GHAR
S/O MOHUHAR GHAR
VILL/PO. HATIPATI
P.S. GELEKY
87:BHASKAR DEHINGIA
S/O GAHIN DEHINGIA
VILL. BAKATA BORBIL
PO. SARUBHANGA
88:MANURANJAN GOGOI
S/O GHANA KANTA GOGOI
VILL. NO.2 HALAGARI
PO. MARDAMANI
P.S. MORANHAT
89:DEBAJIT BARMAN
S/O ANIL BARMAN
VILL. BHARALUWA
PO. DIKHOMUKH
Page No.# 30/51
P.S. GAURISAGAR
90:DIPANKAR BEZBARUAH
S/O DHANAY BEZBARUAH
VILL. DOPANI
PO. NETAI
P.S. DEMOW
91:MOON KONWAR BORAH
D/O DIPAK BORAH
VILL. CHEREKAPAR CHANGMAI GAON
PO. CHEREKAPAR
P.S. SIBSAGAR
92:MITALI SADHANIDAR
D/O LT. PADMESHWAR SADHANIDAR
VIL. GUWAL GAON
PO. DIKHOMUKH
P.S. GAURISAGAR
93:JAYANTA DEORI
S/O LT. LAKHIMBAR DEORI
VILL. KATIHARI
PO. BAMRAJABARI
P.S. DEMOW
94:BINOD BORUAH
S/O LOLIT BORUAH
VILL. BOGIGURI LIKSUN
PO. RAMONIALI
P.S. SIMALUGURI
95:SIMANTA GOGOI
S/O RADMA GOGOI
VILL. BOGARIGURI LUNPURIA
PO. RAMONIALI
P.S. SIMALUGURI
96:NITU DOLEY
D/O TRIDIP DOLEY
VILL. WEST JAMUNAROAD
PO/P.S. SIBSAGAR
97:SAILEN CHUTIA
S/O DURGA CHUTIA
VILL/PO. BOGIDOLE
P.S. SIBSAGAR
98:BULI BORAH
Page No.# 31/51
D/O HEMA BORAH
VILL. NAHARTOLI
PO. KHALOI GHOGURA
P.S. MORANHAT
99:HEMANTA BORUAH
S/O LILADHAR BORUAH
VILL. BORDHAYAN
PO. PATSAKU
P.S. MORANHAT
100:NANDITA MILI
D/O MANRILAN MILI
VILL. MAJARBARI
PO. DESANGMUKH
P.S. SIBSAGAR
101:MINTU GOGOI
S/O UMA KANTA GOGOI
VIL. BORALI PUKHURI
PO. SENSUWA
P.S. HALUWATING
102:RUPJYOTI KONWAR
S/O PUJYA KONWAR
VILL. MOLAGAON
PO. MADURI
P.S. NAZIRA
103:PRASANTA GOGOI
S/O NEREN GOGOI
VIL. PATARGAON BORUA ALI
PO/PS. HALUWATING
104:NITUL GOGOI
S/O NITYANANDA GOGOI
VILL. NABIL
PO. UDOIPUR
P.S. DEMOW
105:ANKUR CHETIA
S/O RADHA CHETIA
VILL. JABALATING
PO. BAKHARBENGANA
P.S. NEMUGURI
106:MRIDUL BORUAH
S/O BISWAJIT BORUAH
VILL. NO.1 AHON GAON
Page No.# 32/51
PO. SINGIBIL
P.S. GELEKY
107:BHASKAR CHUTIA
S/O ANANDA CHUTIA
VILL. DEGHALIA HULA
PO. NAHAT
P.S. DEMOW
108:KARUNA NATH
S/O SOMESWAR NATH
VILL. TELIAL
PO. HALUWATING
P.S. GAURISAGAR
109:JITU GOGOI
S/O KHIROD GOGOI
VILL. KONWAMARA SATRA
PO. SUKANPUKHURI
P.S. SIBSAGAR
110:MONJIT HANDIQUE
S/O NOREN HANDIQUE
VILL/PO. DEGHOLIA
P.S. BORBORUAH
111:AMARJIT BORUAH
S/O PHONINDRA BORUAH
VILL. MAJUMALIA
PO. PHULPANI SIGA
P.S. GAURISAGAR
112:PORAG DAS
S/O INDRA DAS
VILL. KONWARPUR SENSUWA
PO. CHAULKARA
P.S. SIBSAGAR
113:DHRUBAJYOTI PHUKAN
S/O ROBIN PHUKAN
VIL. BARUWATI
PO. CHARING
P.S. GAURISAGAR
114:JADUMONI PHUKAN
S/O PHULESWAR PHUKAN
VILL. MANTANIA
PO. DEORAJA
Page No.# 33/51
P.S. AMGURI
115:NABAJYOTI NATH
S/O GOLAP NATH
VILL. CHABUKDHARA
PO. HATIGHULI
P.S. GAURISAGAR
116:LAKHI PEGU
S/O DEBAKANTA PEGU
VILL. DEOGHARIA RANGALI
PO. DEOGHARIA
P.S. KAKOTIBARI
117:PRANJAL HAZARIKA
S/O GUNA BURAGOHAIN
VILL. BANTUNG
PO. TENGAPUKHURI
P.S. MATHURAPUR
118:PRANJAL HAZARIKA
S/O LT. LAHIT HAZARIKA
VILL/PO. SOTIANGAGURI
P.S. SAPEKHATI
119:ARUPJYOTI PHUKAN
S/O TILESWAR PHUKAN
VILL. PALENGI DHYAN GAON
PO. PALENGI
P.S. DEMOW
120:MANASH JYOTI KONWAR
S/O BIPIN KONWAR
VILL. KUJIBALI KONWAR GAON
PO. HANCHARA
P.S. SIBSAGAR
121:LAKHINATH DAS
S/O PRAFULA DAS
VILL. BOKATA LAKHMONI
P.S. BOKOTA NEMUGURI
122:HIREN CHUTIA
S/O SUREN CHUTIA
VILL. MAHMORA KHONKOR
P.S. AMGURI
123:BIMAL KAKARACHOWA
S/O HOMESWAWAR KUKURACHUWA
Page No.# 34/51
VILL. BOKOTA
P.S. BOKOTA NEMUGURI
124:NARAYAN GOGOI
S/O KUKHESWAR GOGOI
VIL. DHYAN
PO. PALENGI
P.S. DEMOW
125:TARUN BORO
S/O LT. MENESWAR BORO
VILL. MICHAJAN
PO/PS. BORHAT
126:JATIN CHETIA
S/O GHANAKANTA CHETIA
VILL. PANBECHA
P.S. BETNA
P.S. SIBSAGAR
127:JITU GOGOI
S/O MILOU GOGOI
VILL. MAJUMOLIA
PO. PHULPANISIGA
128:CHITRA RANJAN LEKHARU
S/O NAGEN LEKHARU
VILL. MOHCHAL
PO. HAFOLUTING
P.S. GAURISAGAR
129:PRANABJYOTI KHANIKAR
S/O BAGAI KHANIKAR
VILL. HATIGHULI
PO. GAURISAGAR
P.S. GAURISAGAR
130:NIREN BHARALI
S/O SAMESWAR BHARALI
VILL. BOKDARA
PO. NETIA
P.S. DEMOW
131:GAKUL PHOKUN
S/O RUPESWAR PHUKAN
VILL. AKHOIYA
PO. PATSAKU
P.S. MORANHAT
132:BHOBESH MOHAN
S/O PURNA MOHAN
VILL. PATCHAKU
Page No.# 35/51
P.S. BOKOTA NEMUGURI
133:SANKARJYOTI GOGOI
S/O PUNARAM GOGOI
VILL. HUDUPARA PACHANI
P.S. NAZIRA
PACHONI
134:PARTHA PRATIM SADHANIDAR
S/O DEBA SADHANIDAR
VILL. BHESELI MARI
PO. DEKHOWMUKH
P.S. SIBSAGAR
135:MRIDUPABAN LAHON
S/O SAITYADHAR LAHON
VILL. DEWRI CHIGA
PO. NETAI
P.S. DEMOW
136:PINKU CHUTIA
S/O BIJOY CHUTIA
VILL. DEHINGIA GAON
PO. JAYRAPAR
P.S. SIBSAGAR
137:CHANDRA CHULADHARA
S/O SUSHAN CHULADHARA
VILL. CHULADHARA
PO. NEMUGURI
P.S. BAKATA NEMUGURI
138:SANGITA MARAR
D/O SURAJ KR. MARAR
VILL. KETEKIBARI
PO. MEZENGA
P.S. NAZIRA
139:JINTU GOGOI
S/O NIPEN GOGOI
VILL. BHADHARA
PO. PATSAKU
P.S. BOKOTA NEMUGURI
140:BORNALI BORUAH
D/O UKHADHAR BORUAH
VILL. BAKATA NA GAON
PO. HALOGURI
P.S. BAKATA NEMUGURI
141:ANKITA BORUAH
Page No.# 36/51
D/O HOREN BORUAH
VILL. BOKOTA NAGAON
PO. HOLOGURI
P.S. NEMUGURI
142:LAKHIDHAR BEZBARUAH
S/O GIRISH BEZBORUAH
PO. NETAI
P.S. DEMOW
143:PRONOB BORAH
S/O JUGEN BORAH
VILL. GARKUKH
PO. PHULPANI CHIGA
P.S. GAURISAGAR
144:BITUL SOLADHARA
S/O DIPOK SOLADHARA
VILL. SOLADHARA
PO/PS. NEMUGURI
145:UTPAL KR. NATH
D/O UMA KANTA NATH
VILL. GAHARAGURI
PO/PS. HATIGHULI
146:BIBEK CH. DUTTA
S/O AKONMAN DUTTA
VILL. GARKUKH
PO. PHULAPANICHIGA
P.S. GAURISAGAR
147:PANKAJ DUTTA
S/O BHABEN CH. DUTTA
VILL. CHARING DULIA GAON
PO. BARUWATI
P.S. GAURISAGAR
148:SANTANU GOGOI
S/O NEREN GOGOI
VILL. JIAMORI GOGOI
PO. PALENGI
P.S. DEMOW
149:JAGAT BORAH
S/O KONESWAR BORAH
VILL. NA HAT
PO. KHALOIGURA GAON
Page No.# 37/51
P.S. MORANHAT
150:DILIP CHETIA
S/O PUNARAM CHETIA
VILL. NO.1 BORBIL KENDRA
PO. BANAMALI
P.S. KATHANIBARI
151:RAJIB GOGOI
S/O ROMESH GOGOI
VILL. LALIM GAON
PO. CHEREKAPAR
P.S. SIBSAGAR
152:AMLANTA BORUAH
S/O PUNARAM BORUAH
VILL. BAILUNG GAON
PO. NAMTI DOLL
P.S. HALUWATING
153:ARUP BORAH
S/O KHIROD BORAH
VILL. NEMUGURI KHONGIA
PO. NEMUGURI
P.S. BOKOTA NEMUGURI
154:DEEPJYOTI DAS
S/O NANDIRAM DAS
VILL. PATHALIAL KOIBARTRA GAON
PO. PATSAKU
P.S. BAKATA NEMUGURI
155:MAHESH MAJHI
S/O SABHILAL MAJHI
VILL. HARKINA
PO. PEOLIPHUKAN
P.S. GELEKY
156:BABUL GOGOI
S/O MANIK GOGOI
VILL. MUJUMOLIA GOHAIN GAON
PO/PS. DEMOW
157:BIMAN BORUAH
S/O BIMAL BORUAH
VILL/PO. BIHUBOR
P.S. SIMALUGURI
158:PRASANTA CHETIA
S/O SANIT CHETIA
Page No.# 38/51
VILL. BHADHRA
P.S. SIBSAGAR
159:RUBUL BORAH
S/O DEBEN BORAH
VILL/PO. CHENAMORA
P.S. SIBSAGAR
160:KOUSTOV MAHANTA
S/O INDRA MAHANTA
VILL/PO. DEOPANI
P.S. GELEKY
161:DIPJYOTI DIHINGIA
S/O THENESWAR DIHINGIA
VILL. NOIKUSH MACHKHUWA
PO/PS. MACHKHUWA
C/O HOREN GOGOI
ONGC COLONY
QTR. NO.A-146
162:UJJAL NATH
S/O PADMAKANTA NATH
VILL. NATH GAON
PO. CHARING
P.S. GAURISAGAR
163:POLLAV SOLADHARA
S/O RAJEN SOLADHARA
VILL. SOLADHARA GAON
PO/PS. BAKATA NEMUGURI
164:MONUJ BORUAH
S/O JITEN BORUAH
VILL. BORGOHAIN BARI
PO. BORAMALI
P.S. KAKATIBARI
165:KARUN GOGOI
S/O KAMINI GOGOI
VILL. BAKATA NEMUGURI
PO. CHIRARI CHUCK
P.S. BOKOTA NEMUGURI
166:MANTU RAJKONWAR
S/O MONSWAR RAJKONWAR
VILL. SAGARBARI
PO. PATSAKU
Page No.# 39/51
P.S. MORANHAT ALL THE PETITIONERS ARE PERMANENT RESIDENT OF
DISTRICT SIBSAGAR AND HAVING COMMON CAUSE OF ACTION
167:JITU DOWARAH
S/O- BIPUL DOWARAH
VILL.- DEHINGIA GAON
P.O. NETAI
P.S. DEMOW
PIN- 785671.
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Advocate for : SR
GA
ASSAM
Advocate for : appearing for SRI PALASH PHUKAN AND 165 ORS
For the Appellants/ Respondents: Mr. K.N. Choudhury, Sr. Advocate
Mr. M.U. Ahmed, Advocate
For the Respondents/ Appellants Mr. D. Mazumder, Addl. AG, Assam
Mr. G.R. Dutta, Advocate
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SUMAN SHYAM
JUDGMENT & ORDER (CAV)
Date : 12-06-2024
(Suman Shyam, J)
By this common judgment and order, we propose to dispose of two writ appeals,
i.e. W.A. No. 323/2021 and W.A. No. 50/2022, since common questions of law and facts
are involved in both these appeals. The facts and circumstances, giving rise to filing of the
two writ appeals, as appearing from the materials available on record, shorn of
unnecessary details, are narrated here-in-below.
2. The Inspector General of Police (Admn.) of Assam Police had published
advertisement notice dated 20-02-2009 inviting applications for recruitment in the posts
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of Armed Branch Constable in the Assam Police (for ONGC security) Battalion/ 24 th Assam
Police (IR) Battalion and 1002 vacant posts of Armed Branch Constable. According to the
advertisement notice, the recruitment rally was to be conducted in different Police
districts/ Battalions in the month of June, 2009. The advertisement notice, inter alia,
provided that 10% of the vacancies would be reserved for women candidates. In
response to the advertisement notice dated 20-02-2009, a large number of candidates
including the writ appellants had submitted their applications. It appears that the
appellants are candidates from the Sivasagar district of Assam.
3. The selection procedure, which was conducted district-wise, comprised of (a)
physical measurement and fitness test and (b) personal interview. After completion of the
selection process and publication of the employment notice containing the roll numbers of
the selected candidates, as many as 167 unsuccessful candidates, pertaining to Sivasagar
district, had approached this Court by filing W.P.(C) No. 2725/2010, inter alia, contending
that there were large scale anomalies in the selection process, and by providing cut-off
marks subsequently, the respondents had changed the rules of the game.
4. After hearing the arguments of both the parties, the learned Single Judge had
disposed of W.P.(C) No. 2725/2010 by the judgment and order dated 22-02-2019 with a
direction upon the respondents to consider the case of the writ petitioners for
appointment in the post of Armed Branch Constable (AB Constable) with a further
direction that the respondent shall not fill up any post of Armed Branch Constable without
considering the case of the petitioners.
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5. Pursuant to the aforesaid direction passed by the judgment and order dated 22-02-
2019 the Addl. Director General of Police (Admn.) Assam had conducted an enquiry into
the matter where-after, he had arrived at the conclusion that many of the writ petitioners
either (a) did not apply for the recruitment test, or (b) did not appear in the recruitment
test, or (c) failed in the Physical Efficiency Test (PET), or (d) failed in viva-voce interview,
or (e) obtained marks less than the cut-off marks, for which they were not selected. As
such, by issuing a speaking order dated 21-10-2019, the Addl. Director General of Police
(Admn.) had opined that the writ petitioners did not come within the zone of
consideration for appointment as AB Constable. It was also mentioned in the order dated
21-10-2019 that "this dispose of the Hon'ble Gauhati High Court order dated 22-02-2019".
6. In the meantime, by issuing advertisement notice dated 25-04-2018, the
respondent authorities had invited fresh applications for filling up a number of posts of AB
Constable as well as Unarmed Branch Constable in the Assam Police. Subsequently, by
issuing a corrigendum notice dated 21-08-2020 the Addl. Director of Police (Admn.) had
also notified that the expression "this dispose of the Hon'ble Gauhati High Court order
dated 22-02-2019" appearing in the order dated 21-10-2019 would stand omitted and the
same may be read as "further action will be taken in the matter subject to outcome of the
writ appeal being preferred before the Hon'ble High Court against the judgment and order
dated 22-02-2019 passed in W.P.(C) No. 2725/2010 and W.A. No. 323/2021".
7. Aggrieved by the speaking order dated 21-10-2019 as well as corrigendum dated
21-08-2020, 126 candidates, who had applied for the post of AB Constable from the
Sivasagar district, had approached this Court once again, by filing W.P.(C) No. 4133/2020,
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inter-alia, contending that the speaking order dated 21-10-2019 contravenes the
directions issued by the learned Single Judge vide judgment and order dated 22-02-2019
passed in W.P.(C) No. 2725/2010. According to these writ petitioners, the respondents
have failed to consider their case for appointing them in the post of AB Constable in terms
of the order dated 22-02-2019.
8. From the records of this case, it appears that four writ petitioners of W.P.(C) No.
2725/2010 had also filed a contempt petition numbered and registered as Contempt Case
(C) No. 698/2019 before this Court alleging willful violation of the judgment and order
dated 22-02-2019. It also appears that assailing the fresh selection process initiated by
the authorities for filling up the vacant posts of AB Constable by issuing advertisement
notice dated 25-04-2018 as well as addendum issued on 19-12-2019, those four writ
petitioners had also filed W.P.(C) No. 2725/2020 wherein, an interim order was passed by
the Court on 17-07-2020 directing the respondent authorities not to fill up 04 posts of AB
Constable in the ensuing selection process for the district of Sivasagar. Another writ
petition being W.P.(C) No. 3020/2020 was also filed by some of the petitioners with
similar grievance. It also appears that Cont. Case (C) No. 698/2009 has been closed by
this Court on 26-05-2023. However, W.P.(C) No. 2725/2020 and W.P.(C) No. 3020/2020
are still pending disposal before this Court.
9. By the judgment and order dated 08-10-2021 the learned Single Judge has
dismissed the writ petition being W.P.(C) No. 4133/2020 by observing that the petitioners
had failed to make out any case for interference. Aggrieved by the judgment and order
dated 08-10-2021, the writ petitioners have preferred W.A. No. 323/2021.
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10. It further appears that during the pendency of W.A. No. 323/2021, the State of
Assam, along with the Director General of Police as well as Inspector General of Police
(Admn.) had preferred an appeal against the judgment and order dated 20-02-2019,
which was numbered and registered as W.A. No. 50/2022. In the said writ appeal, the
appellants have contended that the learned Single Judge has failed to record a specific
findings in the order dated 22-02-2019 as regards any illegality/ irregularity in the
selection process conducted for the district of Sivasagar nor is there any finding of fact so
as to indicate as to which are the candidates who had secured marks above the cut-off
marks but were not selected. According to the appellants, the finding of learned Single
Judge that the selection process is vitiated by irregularities is perverse and therefore, the
judgment and order dated 20-02-2019 is liable to be set aside. Due to the similarity of
issues, both the writ appeals were heard together.
11. Addressing arguments on behalf of the writ appellants in W.A. No. 323/2021, Mr.
K.N. Choudhury, learned Sr. counsel has argued that in view of the findings and
observations made by the learned Single Judge in the judgment and order dated 20-02-
2019 and the specific direction issued therein, the respondents were duty bound to issue
orders of appointment in favour of his clients. However, instead of doing so, by the
speaking order dated 21-10-2019, the respondents have not only rejected the claim of
the writ petitioners but have also recorded findings of fact which were contrary to the
direction passed by the learned Single Judge. According to Mr. Choudhury, by the
impugned speaking order 21-10-2019, the respondents have not only sat in appeal over
the order passed by the learned Single Judge on 22-02-2019 but have also committed
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contempt of this Court.
12. Mr. Choudhury further submits that realizing the mistake committed by the
authorities, corrigendum notice dated 21-08-2020 was issued. However, the aforesaid
rearguard action on the part of the respondents, according to Mr. Choudhury, cannot
justify their action in not complying with the directions passed by the learned Single
Judge vide order dated 22-02-2019 in letter & spirit. According to Mr. Choudhury, in view
of the order dated 22-02-2019, the respondents were duty bound to issue appointment
orders in favour of the appellants and therefore, the learned Single Judge has committed
manifest illegality in dismissing the writ petition by the impugned judgment and order
dated 08-10-2021.
13. Mr. D. Mazumder, learned Addl. Advocate General, Assam appearing for the
appellants in W.A. No. 50/2022, on the other hand, has argued that the judgment and
order dated 22-02-2019 passed in W.P.(C) No. 2725/2010 is not based on any proper
finding of facts recorded on the basis of materials on record nor has the learned Single
Judge recorded any finding as regards the right of the writ petitioners, if any, to be
appointed in the post of AB Constable. Under the circumstances, submits Mr. Mazumder,
the impugned judgment and order dated 22-02-2019 is vitiated by perversity and hence,
liable to be interfered with by this Court.
14. It is also the submission of Mr. Mazumder that in the absence of the selected
candidates being made parties in the writ petition, the question of interfering with their
selection/ appointment as AB Constable, after the lapse of nearly 15 years, would not
arise. Hence, no writ of mandamus could have been issued by the learned Single Judge
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vide order dated 22-02-2019 to appoint the writ petitioners, that too, without displacing
the selected candidates.
15. We have considered the submissions made at the Bar and have also gone through
the materials available on record. Since the genesis of these two appeals lie in the
judgment and order dated 22-02-2019 passed by the learned Single Judge in W.P.(C) No.
2725/2010, we propose to discuss the contents of the aforesaid judgment first in point of
time.
16. On a careful reading of the judgment and order dated 22-02-2019 we find that the
learned Single Judge had rejected the arguments made on behalf of the writ petitioners
on the question of violation of the reservation quota meant for the women candidates.
However, the argument of the writ petitioners that the authorities have changed the rules
of the game by subsequently fixing the cut-off marks found favour with the learned Single
Judge, inasmuch as it was observed that the respondents, having fixed a "cut-off mark",
have failed to strictly adhere to the same. It was further observed that some of the
candidates who had secured marks above the "cut-off mark" had not been selected.
However, the learned Single Judge has not recorded any finding of fact as to who were
those candidates who had secured marks above the cut-off mark but had not been
selected.
17. Coming to the question of selection and appointment of the writ petitioners in the
W.P.(C) No. 2725/2010, the learned Single Judge has observed that since the selected/
appointed candidates were not parties to the writ proceeding nor was there any interim
order passed in the writ petition, it would be unfair to dislodge the selected candidates
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without giving them any opportunity of being heard. On such basis, the learned Single
Judge had declined to interfere with the selection and appointment of AB Constable for
the district of Sivasagar. However, having held as above, the learned Single Judge had
issued the following direction by the judgment and order dated 22-02-2019, which are
reproduced herein-below for ready reference:-
"1) The respondents are directed to consider the case of the petitioners for
their appointment to the post of Armed Branch Constable or in any other
equivalent post in the vacancies available i.e. current and next available vacancies.
If the vacancies are limited, the petitioners will be considered in a phase manner
till all of them are considered.
2) If it is found that the petitioners in the meantime have become overaged,
the respondent authorities shall give them age relaxation as may be required.
3) It is made clear that the respondents without considering the case of the
petitioners shall not fill up any post of Armed Branch Constable."
18. As noted above, after the judgment and order dated 22-02-2019 was passed, the
Addl. Director General of Police had conducted an enquiry and found that the petitioners
were not entitled to an order of appointment as AB Constable. Accordingly, by the order
dated 21-10-2019, the relief prayed for by the writ petitioners in W.P.(C) No. 2725/2010
had been declined.
19. While considering the challenge made by the writ petitioners in W.P.(C) No.
4133/2020 which was instituted by assailing the speaking order dated 21-10-2019 as well
as the corrigendum dated 21-08-2020, it was urged that the right of the writ petitioners
to be appointed as AB Constable has been illegally denied by the authorities. Taking note
of the case projected by the writ petitioners, the learned Single Judge had observed, in
paragraph 16 of the impugned judgment that the only issue arising for determination in
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the writ petition is pertaining to the validity of the speaking order dated 21-10-2019
issued by the Addl. Director General of Police (Admn.). Having identified the above issue,
the learned Single Judge had recorded the following findings in paragraphs 21 and 22 of
the impugned judgment and order dated 08-10-2021, which are reproduced herein-below
for ready reference:-
"21) As indicated herein before, it is seen from the Speaking Order dated
21.10.2019 that 156 number of posts were allotted for Sivasagar District out of
which 8 (eight) posts (i.e. 5%) were reserved for appointment on compassionate
ground and therefore, recruitment for 148 posts of AB Constable was conducted in
Sivasagar District pursuant to advertisement dated 20.02.2009 and that a total of
142 candidates were selected category-wise. It must be remembered that none of
the appointments made in the said selection process was set aside. Therefore, if
the judgment under reference is interpreted to mean that all 167 petitioners in W.P.
(C) 2725/2010 are to be appointed then out of 156 posts earmarked for Sivasagar,
the total appointment would be to the extent of 323 persons, as such, the
interpretation as sought to be given by the learned counsel for the petitioner would
lead to an anomalous situation where appointments to be made in connection with
recruitment drive of 2009 would lead to excess appointment in relation to the then
sanctioned and available vacant posts.
22) The Court is compelled to take note of the fact that as per the pleadings
made in the writ petition, the petitioners have assailed the Speaking Order dated
21.10.2019 on the premise that it runs contradictory to the mandate of the
judgment in W.P.(C) 2725/2010. However, the contents of the said speaking order
relating to the marks obtained and/or secured by the petitioners are not
questioned at all. The said speaking order contains 12 columns, viz., (1) Serial no.;
(2) name of the petitioners; (3) Category; (4) Roll no.; (5) 16 km race for male and
0.80 km race for women, max. marks- 15, qualifying marks-8 for both; (6) 100
mtrs. sprint for male and 60 mtrs. sprint for women, max. marks- 15, qualifying
marks-8 for both; (7) long jump, max. marks- 10, qualifying marks-4.5 for both;
(8) high jump, max. marks- 10, qualifying marks-4.5 for both; (9) viva voce and
interview, total marks- 50, qualifying marks- 25 for both; (10) Total marks
obtained; (11) Category wise cut off marks General- 68.5; SC- 63; ST(P)- 65;
ST(H)- 56; OBC/MOBC- 66; Women-74.5; (12) Recruitment result of the petitioners
and comments. It is seen that the respondent no. 2 had already assigned speaking
reasons why the petitioners were not selected. Therefore, it is seen that in this writ
petition, no attempt has been made by the petitioners to show which petitioner
had scored higher than the last selected candidate in his/her respective category
and/or was shown to be deserving and yet was selected and appointed. The
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petitioners have also not made any attempt to demonstrate as to which successful
and/or selected candidate was undeserving, but were appointed nonetheless.
Similarly, no finding was given by this Court as to which of the petitioner.
Therefore, on the face of it, the contents of the said Speaking Order dated
21.10.2019 cannot be faulted with.
20. In the impugned judgment and order dated 08-10-2021, the learned Single Judge
has further observed that the petitioners had failed to demonstrate from the judgment
dated 22-02-2019 that any finding has been returned by the Court, indicating as to which
of the petitioners were illegally not selected. Having observed as above, the learned
Single Judge has further held as hereunder:-
"25) In the considered opinion of the Court the restrictive interpretation of
the directions contained in the said judgment dated 22.02.2019 in W.P.(C)
2725/2010, so as to completely exclude the respondent no. 2 from revisiting marks
would lead to two illegalities, firstly, (i) in respect of 148 posts advertised, the total
appointment of AB Constable in 2009 recruitment process in respect of Sivasagar
District would be 323 persons against 156 sanctioned posts/ vacancies to be filed
up by direct recruitment in the said District. Secondly, (ii) the otherwise
undeserving petitioners, who had been unsuccessful in the recruitment process for
the year 2009 would be continued to be appointed in the future vacancies in AB
Constables of Assam Police in Sivasagar District till such period of time till all the
petitioners are appointed, as if a new category or reservation has been made for
the otherwise unsuccessful petitioners."
21. Referring to the findings and observations made in paragraphs 14 to 20 of the
judgment and order dated 22-02-2019, the learned Single Judge has also observed that
the interpretation of the judgment and order dated 22-02-2019 sought to be projected by
the writ petitioners was not correct and if the same is accepted, it would amount to giving
a premium to the undeserving persons. On the basis of such findings, the learned Single
Judge has dismissed the writ petition being W.P.(C) No. 4133/2020.
22. From an analysis of the judgment and order dated 22-02-2019, we also find that
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although some observations had been made by the learned Single Judge in the judgment
dated 22-02-2019 as regards alleged irregularities in the selection process leading to
exclusion of candidates securing marks above the cut-off mark, there is no mention in the
judgment as to which are those candidates who had secured more than the cut-off mark
nor is there any finding indicating as to which candidates were illegally selected and
appointed pursuant to the impugned selection process. In the absence of any specific
finding of fact as regards any infirmity in the selection and appointment of any un-
deserving candidate in the selection process, issuance of writ of mandamus for appointing
any other candidate against those vacancies, in our considered opinion, would be wholly
impermissible in the eyes of law. At the same time, unless the selection and appointment
of the successful candidates are set-aside by the Court for cogent reasons, the question
of appointing the writ petitioners in their place also cannot arise. We are, therefore, in
complete agreement with the observation made by the learned Single Judge in paragraph
25 of the order dated 08-10-2021 to the effect that implementation of the order dated
22-02-2019, in the manner sought by the writ petitioners/ appellants, would lead to a
situation where 323 persons would have to be appointed against 156 sanctioned post for
Sivasagar district.
23. In view of the above, we are of the considered opinion that the directions
contained in the operative part of the judgment and order dated 22-02-2019 suffers from
serious infirmity inasmuch as the learned Single Judge had fallen into a serious error in
law in issuing the writ of mandamus directing the respondents to consider the case of the
writ petitioners for appointment as AB Constable against the notified vacancies without
Page No.# 50/51
interfering with the selection and appointment of selected candidates. Such being the
position, we are of the unhesitant opinion that the impugned judgment and order dated
22-02-2019 passed in W.P.(C) No. 2725/2010 is unsustainable in the eyes of law and the
same is liable to be set aside.
24. We are also of the opinion that although the language employed in the speaking
order dated 21-10-2019 to the effect that "this dispose of the Hon'ble Gauhati High Court
order dated 22-02-2019" was not proper, yet, having realizing the mistake, the competent
authority had issued corrigendum dated 21-08-2020 omitting the said reference from the
impugned speaking order dated 21-10-2019. We see no reason as to why, such corrective
measure of the authorities should not be accepted by this Court to be a bona-fide action
of the State.
25. Insofar as the merit of the findings recorded in the speaking order dated 21-10-
2019 is concerned, it appears that the same is based on an elaborate exercise of fact
finding done by the Addl. Director General of Police (Admn.), whereby, relevant facts have
been brought on record. The learned counsel for the writ appellants in W.A. No. 323/2021
has not been able to point out as to why, such finding of facts recorded against the
petitioners/ appellants by the competent authority should not be accepted to be correct.
If that be so, the writ petitioners/ writ appellants cannot claim any right to be appointed
in the posts of AB Constable pursuant to the above mentioned selection process since
their candidatures have also been found to be deficient.
26. For the reasons stated hereinabove, we find ourselves in agreement with the views
and opinion expressed by the learned Single Judge in the impugned judgment and order
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dated 08-10-2021 holding that the writ petition is devoid of any merit. As such, W.A. No.
323/2021 stands dismissed.
25. For the reasons stated hereinabove, the impugned judgment and order dated 22-
02-2019 passed by the learned Single Judge in W.P.(C) No. 2725/2010 stands quashed
and set aside. Consequently, W.A. No. 50/2020 filed by the State stands allowed.
There would be no order as to cost.
JUDGE CHIEF JUSTICE
GS
Comparing Assistant
