Citation : 2025 Latest Caselaw 4230 Gua
Judgement Date : 19 March, 2025
Page No. 1/4
GAHC010051912025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1520/2025
NEELOTPAL DEKA
S/O-LATE ACHYUT CHANDRA DEKA,
RESIDENT OF H. NO-1, G.S COLONY,
ACHYULATI MANSION, OPPOSITE GOENKA NURSING (IHR),
BHARALUMUKH, GUWAHATI, KAMRUP METRO, ASSAM
VERSUS
THE STATE OF ASSAM
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT
OF ASSAM, HOME AND POLITICAL AFFAIRS DEPARTMENT, DISPUR,
GUWAHATI
2:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI-07
3:THE SUPERINTENDENT OF POLICE
KAMRUP
AMINGAON
GUWAHATI-31
4:THE OFFICER IN CHARGE
BHARALUMUKH POLICE STATION
KAMRUP METRO
GUWAHATI-09
5:THE RESERVE BANK OF INDIA
REPRESENTED BY ITS REGIONAL DIRECTOR
STATION ROAD
PANBAZAR
KAMRUP METRO
GUWAHATI-01
Page No. 2/4
6:THE STATE BANK OF INDIA
REPRESENTED BY ITS CHAIRMAN
BANK BHAWAN
MADAM CAMA ROAD
MUMBAI-400021
7:THE CHIEF GENERAL MANAGER
STATE BANK OF INDIA
LOCAL HEAD OFFICE
GUWAHATI
GS ROAD
OPPOSITE ASSAM SACHIVALAYA
DISPUR
GUWAHATI-06
KAMRUP METRO
ASSAM
8:THE ASSISTANT GENERAL MANAGER(CUSTOMER SERVICE)
STATE BANK OF INDIA
LOCAL HEAD OFFICE
GUWAHATI
GS ROAD
OPPOSITE ASSAM SACHIVALAYA
DISPUR
GUWAHATI
KAMRUP METRO
ASSAM
9:BRANCH MANAGER
WEST GUWAHATI BRANCH
STATE BANK OF INDIA
BHARALUMUKH
GUWAHATI-09
KAMRUP METRO
ASSAM
10:THE BHARTI AIRTEL
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
GURGAON CITY(DELHI AND NCR)
UNITECH WORLD CYBER PARK
SECTOR 39
TOWER A
4TH FLOOR
GURGAON
HARYANA
11:THE BHARTI AIRTEL
Page No. 3/4
NE CORPORATE OFFICE
BHARTI HOUSE
GS ROAD
SIX MILE
KHANAPARA
JAYANAGAR
KAMRUP METRO
GUWAHATI-22
ASSAM
Advocate for the Petitioner : MISS. R. DAS, MS. M BEGUM,MS P CHAKRABORTY
Advocate for the Respondent : GA, ASSAM, SC, SBI
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 19.03.2025
Heard Mr. N. Deka, the petitioner-in-person and Mr. J. Handique, learned State Counsel for the respondent nos. 1 - 4.
2. The petitioner has approached this Court seeking inter-alia a direction to the respondent authorities to recover an amount of Rs. 70,116/-, stated to be fraudulently transferred from the bank account of the petitioner maintained at West Guwahati Branch, State Bank of India. The petitioner has also sought for adequate compensation in respect of such fraudulent transfer of amount.
3. Mr. Handique, learned State Counsel has submitted that the petitioner has already been pursuing the remedies before the competent Civil Court and the competent Criminal Court in respect of the reliefs, which are sought for in this writ petition and continuance of this writ petition would amount to parallel proceedings.
4. On the other hand, Mr. Deka, the petitioner-in-person has referred to a Judgment of this Court in Paresh Chandra Deka vs. The State of Assam and others, 2024 [5] GLT 365,
to substantiate his contentions.
5. The matter would require further consideration.
6. Issue notice, returnable on 25.04.2025.
7. As Mr. Handique has appeared and accepted notices in respect of the respondent nos. 1 - 4, issuance of notice in respect of the said respondents stand dispensed with. The learned counsel for the petitioner shall serve requisite nos. of extra copies of writ petition along with annexures, to Mr. Handique within 2 [two] working days from today.
8. The petitioner shall take steps for service of notice upon the respondent nos. 5 to 11 by way of registered post with A/D within 2 [two] working days from today.
JUDGE
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