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GAHC010257762018

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

Case No. : WA 335/2018

1:SMTI ANOWARA KHATUN W/O LATE NAZRUL ISLAM, C/O JAIKISSAN SEEDS CORPORATIONS, T R PHUKAN ROAD, MACHKHOWA, GUWAHATI-781009, DIST KAMRUP M ASSAM

VERSUS

1:THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-781006.

2:THE COMMISSIONER DEPARTMENT OF HANDLOOM AND TEXTILES ASSAM 781006

3:THE DEPUTY COMMISSIONER KAMRUP M GUWAHATI-781001

4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI 78100

Advocate for the Petitioner : MR. K N CHOUDHURY

Advocate for the Respondent : GA, ASSAM

Linked Case : WA 93/2019

1:MD RAIFUDDIN AHMED AND ANR S/O MOHIN AHMED RESIDENT OF SARUMOTORIA PO AND PS DISPUR DIST KAMRUP M ASSAM.

2: SRI SANJAY GUPTA S/O LATE SACHINDRA GUPTA

RESIDENT OF MACHKHOWA GUWAHATI . DIST KAMRUP M ASSAM VERSUS

1:THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM MUNICIPAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI 06

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 06

3:THE SECRETARY TO THE GOVERNMENT OF ASSAM HANDLOOM AND TEXTILE DEPARTMENT DISPUR GUWAHATI 06

4:THE DEPUTY COMMISSIONER KAMRUP M PANBAZAR GUWAHATI 01

5:THE GAUHATI MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER PANBAZAR GUWAHATI 01

6:THE COLLECTOR GAUHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI 01

Advocate for the Petitioner : MRS. S P HUSSAIN Advocate for the Respondent : G A ASSAM.

Linked Case : WA 340/2018

1:SRI NABIN CHANDRA GOGOI S/O LATE GOLAK CHANDRA GOGOI R/O S.B. HANIF SOCIETY BELTOLA P.S. DISPUR DIST. KAMRUP (M) ASSAM REPRESENTED BY HIS ATTORNEY HOLDER SHRI PAWAN KUMAR JAIN S/O LATE SHREE NARAYAN JAIN R/O SHREE HARI APRTMENT BLOCK C 4TH FLOOR BHARALUMUKH GUWAHATI 781009 KAMRUP (M) ASSAM.

VERSUS

1:THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM MUNICIPAL ADMINISTRATION DEPTT. DISPUR GUWAHATI-06

2:THE SECY. TO THE GOVT. OF ASSAM REVENUE DEPTT. DISPUR GUWAHATI-06

3:THE SECY. TO THE GOVT. OF ASSAM HANDLOOM AND TEXTILES DEPTT. DISPUR GUWAHATI-06

4:THE DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI 781001

5:THE GAUHATI MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER GUWAHATI 781001

6:THE COLLECTOR GAUHATI MUNICIPAL CORPORATION GUWAHATI 781001

Advocate for the Petitioner : MR N DUTTA Advocate for the Respondent : GA ASSAM

BEFORE

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE (ACTING) HON'BLE MR. JUSTICE MANISH CHOUDHURY

26.06.2019 [Arup Kumar Goswami, CJ (Acting)]

Heard Mr. K.N. Choudhury, learned senior counsel for the appellant in W.A. 335/2018; Mr. N Dutta, learned senior counsel for the appellant in W.A. 340/2018 and Mrs. S.P. Hussain, learned counsel for the appellants in W.A. 93/2019.

Perused the order dated 10.6.2019 where it is indicated that if by today the records are not produced and affidavit as directed is not filed, the Court will be constrained to secure the presence of Deputy Commissioner, Kamrup (Metro).

Mr. T.C. Chutia, learned State counsel submits that though the affidavit is otherwise ready, the same could not be filed because of engagement of the officer concerned in the ongoing Ambubachi Mela where there is a congregation of large number of devotees.

Having regard to the above submission, we deem it appropriate to adjourn the case to 24.7.2019.

If by the next date fixed the order dated 10.6.2019 is not complied with, the Deputy

Commissioner, Kamrup (Metro) shall remain personally present before this Court. Interim order passed earlier in W.A. 93/2019 shall continue until further orders.

JUDGE CHIEF JUSTICE(ACTING)

Comparing Assistant