The State Of Assam vs Bina Pani Dutta And Ors
2025 Latest Caselaw 7751 Gua

Gauhati High Court

The State Of Assam vs Bina Pani Dutta And Ors on 13 October, 2025

Author: K.R Surana

Bench: Kalyan Rai Surana

                                                                 Page No.# 1/3

GAHC010065262025




                                                          undefined

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

                            Case No. : WA/262/2025

         THE STATE OF ASSAM
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, FINANCE DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM.



         VERSUS

         BINA PANI DUTTA AND ORS
         W/O LATE BIMAL CHANDRA DUTTA, R/O WARD NO 13, HOUSE NO. 701,
         CHOLADHARA, P.O AND P.S-JORHAT, DISTRICT- JORHAT, ASSAM

         2:THE DIRECTOR OF ACCOUNTS AND TREASURIES

          ASSAM
          HOUSEFED COMPLEX
          GUWAHATI 781006

         3:THE DIST. COMMISSIONER

          JORHAT
          DIST. JORHAT
          ASSAM.

         4:THE TREASURY OFFICER

          JORHAT
          ASSAM.

         5:AMAR JYOTI SARMA

          THE TREASURY OFFICER
          JORHAT
          ASSAM
                                                                         Page No.# 2/3


Advocate for the Petitioner   : MS.RUKMINI BARUA, MR P NAYAK,MR. B GOGOI,MS.
RUKMINI BARUA

Advocate for the Respondent : MAUSAM NATH (R-1), MR. A BHATTACHARJEE (R-1),MR. D P
BORAH (R-1)




                                  BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

Date : -13.10.2025 (K.R Surana, J)

Heard Mr. P. Nayak, learned Additional Advocate General, assisted by Ms. R. Baruah, learned counsel for the appellant. Also heard Mr. M. Nath, learned Senior Counsel, assisted by Mr. D. P. Borah, learned counsel for the respondent no.1. Ms. P. Baruah, learned counsel appears for respondent no.5.

2. This intra court writ appeal is directed against the judgment and order dated 04.11.2024 passed by the learned Single Judge in WP (C) no. 3664/2022, whereby the writ petition filed by the respondents no.1 was allowed.

3. This Court is inclined to issue Rule forthwith without requiring any formal notices to be issued as Mr. H. K. Hazarika, learned Government Advocate has entered appearance on behalf of respondent nos. 2 to 4 and accepts notice on behalf of them and Ms. P. Baruah, learned counsel enters appearance on behalf of respondent no. 5 and accepts notice.

4. There is a disputed question of fact relating to the issue and receipt register maintained by the office of the Treasury Officer, Jorhat. The Court is inclined to direct the State to produce the relevant receipt and issue register Page No.# 3/3

maintained by the office of the Treasury Officer, Jorhat on the next date of listing.

5. Learned Additional Advocate General shall communicate a copy of the order to the concerned authority to enable production of the said records.

6. List on 27.10.2025.

                      JUDGE                          JUDGE




Comparing Assistant