Nabajyoti Bora And Anr vs The State Of Assam And 3 Ors Rep. By The ...
2024 Latest Caselaw 8479 Gua

Gauhati High Court

Nabajyoti Bora And Anr vs The State Of Assam And 3 Ors Rep. By The ... on 20 November, 2024

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

                              Case No. : WP(C)/5280/2024

            1: NABAJYOTI BORA AND ANR
            S/O- NARAYAN BORA, R/O- PASCHIM KAWAYMARI, P.O AND P.S- KAMPUR,
            SUB DIVISION- NAGAON, DIST- NAGAON, ASSAM

            2: NAPUL BORUAH
            S/O- JHALIRAM BORUAH R/O- VILLAGE MERKATHANI
            P.O AND P.S- GHILAMARA DIST- LAKHIMPUR ASSAM PIN-78705

                         VERSUS

            1: THE STATE OF ASSAM AND 3 ORS REP. BY THE SECRETARY TO THE
            GOVT. OF ASSAM, TRANSPORT DEPARTMENT DISPUR, GUWAHATI-6.

            2:THE COMMISSIONER OF TRANSPORT, ASSAM PARIBAHAN BHAWAN
            JAWAHAR NAGAR KHANAPARA GUWAHATI-22

            3:THE ASSAM PUBLIC SERVICE COMMISSION REP. BY THE CHAIRPERSON
            JAWAHAR NAGAR KHANAPARA GUWAHATI-22

            4:THE UNION OF INDIA REP. BY THE SECRETARY TO THE GOVT. OF INDIA
            MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN
            PARLIAMENT STREET PIN-110001 NEW DELH


For the Petitioner(s)   : Mr. B.S. Dhatt, Advocate.


For the Respondent(s)   : Ms. M.D. Borah, Standing Counsel, Transport Department for

respondent Nos.1 & 2.

: Mr. T.J. Mahanta, Senior Advocate and Standing Counsel, APSC, assisted by Ms. P. Sarma, Advocate for respondent No.3.

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-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

20.11.2024 (Vijay Bishnoi, CJ)

Ms. M.D. Borah, learned Standing Counsel, Transport Department has submitted that a similar challenge to the Bihar Transport Service Rules, 2020 has already been dismissed by the Patna High Court vide its judgment dated 18.10.2022 passed in Civil Writ Jurisdiction Case No.8978/2020. It is submitted that the provisions of the Assam Transport Service Rules, 2003 is pari materia to the Bihar Transport Service Rules, 2020.

Ms. Borah, learned Standing Counsel, Transport Department prays for some time to file counter to the writ petition.

Time prayed for is granted.

List after 2(two) weeks.

                      JUDGE                         CHIEF JUSTICE




Comparing Assistant