The State Of Assam And 3 Ors vs Balen Roy Medhi And Anr
2025 Latest Caselaw 4133 Gua

Gauhati High Court

The State Of Assam And 3 Ors vs Balen Roy Medhi And Anr on 17 March, 2025

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GAHC010228852024




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

                             Case No. : WA/70/2025

           1.THE STATE OF ASSAM AND 3 ORS.
           REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
           ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT, DISPUR,
           GUWAHATI-781006.

           2: THE DIRECTOR ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT
            CHENIKUTHI GUWAHATI ASSAM-781003.

           3: THE BID PROCESS MANAGEMENT COMMITTEE
            REPRESENTED BY THE CHAIRMAN
            OFFICE OF THE DIRECTOR ANIMAL HUSBANDRY AND VETERINARY
           DEPARTMENT CHENIKUTHI GUWAHATI ASSAM-781003.

           4: THE DISTRICT ANIMAL HUSBANDRY AND VETERINAY OFFICER
            NALBARI ASSAM

           VERSUS

           1.BALEN ROY MEDHI AND ANR.
           S/O LATE RAJMOHAN ROY MEDHI, R/O BHARALUMUKH, KUMARPARA,
           KRB ROAD, P.S. BHARALUMUKH, GUWAHATI, KAMRUP (M), ASSAM-
           781009.

           2:BABITA BORAH
            R/O SIVAMANDIR PATH
            KHANAPARA GUWAHATI ASSAM-781022

For the Appellant(s)     : Mr. D. Nath, Senior Government Advocate, Assam.
                         : Mr. N. Kalita, Government Advocate, Assam.
For the Respondent(s)   : Mr. J. Kalita, Advocate for respondent No.1.

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- BEFORE -

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

17.03.2025 (Vijay Bishnoi, CJ)

It is stated by Mr. D. Nath, learned Senior Government Advocate, Assam appearing for the appellants that respondent No.2 in this writ appeal has also preferred a writ appeal (WA No.388/2024) against the impugned common judgment and order dated 27.09.2024 passed by the learned Single Judge in WP(C) Nos.1069/2024, 1178/2024, 998/2024, 996/2024 and 1071/2024. He has also submitted that in the writ appeals (WA Nos.381/2024, 386/2024 and 388/2024) preferred against the impugned judgment and order dated 27.09.2024, this Court, vide order dated 25.11.2024 has already passed an interim order staying the effect and operation of the impugned judgment and order dated 27.09.2024. He has prayed that similar stay order be passed in this writ appeal also.

Mr. J. Kalita, learned counsel puts in appearance and accepts notice on behalf of respondent No.1.

Learned counsel for the appellants is at liberty to serve copy of this writ appeal to the respective counsel for the respondent No.2 who is appearing in the writ appeal wherein the impugned judgment and order 27.09.2024 is challenged.

Mr. J. Kalita, learned counsel appearing for the respondent No.1 has opposed the request for passing an interim order and has submitted that the interim order dated 25.11.2024 was passed ex-parte and therefore, no interim Page No.# 3/3

order be passed in this writ appeal and, at the most, status quo order be passed.

Having heard the learned counsel appearing for the parties and after taking into consideration that in writ appeals challenging the impugned judgment and order dated 27.09.2024, this Court has already passed an interim order staying the effect and operation of the impugned judgment and order dated 27.09.2024, propriety demands that in this writ appeal also similar stay order is passed.

Hence, the effect and operation of the impugned order dated 29.07.2024 passed by the learned Single Judge in WP(C) No.1069/2024 shall also remain stayed.

List this writ appeal along with WA No.381/2024, 386/2024 and 388/2024.

                   JUDGE                          CHIEF JUSTICE




Comparing Assistant