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Gauhati High Court

Sahidur Rahman vs The State Of Assam And 7 Ors on 6 March, 2019

Author: Ujjal Bhuyan

Bench: Ujjal Bhuyan

                                                                 Page No.# 1/3

GAHC010223812018




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

                             Case No. : WP(C) 7026/2018
         1:SAHIDUR RAHMAN
         S/O. LT. S.M. SAFIUR RAHMAN, EX-DPE, HAILAKANDI ATTACHED WITH
         SMO, SSA, ASSAM R/O. ROOM NO. 4D, PALACIA EXOTICA, SURVEY,
         BELTOLA, GUWAHATI-28, DIST. KAMRUP (M), ASSAM.

         VERSUS

         1:THE STATE OF ASSAM AND 7 ORS.
         REP. BY ITS COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
         EDUCATION ELEMENTARY DEPTT., DISPUR, GUWAHATI-06.

         2:MISSION DIRECTOR
          SARBA SIKSHA ABHIJAN KAHILIPARA
          GUWAHATI-19
          DIST. KAMRUP (M)
         ASSAM-781019.

         3:THE CHAIRMAN OF SSA
          CACHAR CUM DEPUTY COMMISSIONER CACHAR
          SILCHAR-788001.

         4:EXECUTIVE DIRECTOR
          SSA
         ASSAM
          KAHILIPARA
          GHY.-19.

         5:THE DY. COMMISSIONER
          HAILAKANDI-788151.

         6:DIST. MISSION COORDINATOR
          SARBA SIKSHA ABHIJAN
          DIST. HAILAKANDI
         ASSAM-788151.

         7:THE STATE PROJECT ENGINEER (SPE)
                                                                                 Page No.# 2/3

             SSA
             ASSAM
             GUWAHATI-19.

            8:NIBARAN DAS
             EX- DMC
             CACHAR (SINCE RETIRED) S/O. UNKNOWN
             HOUSE NO. 2 NEAR NAMGHAR DAWRKA NAGAR
             GUWAHATI-06
             P.O. AND P.S. DISPUR
             DIST. KAMRUP (M)
            ASSAM

Advocate for the Petitioner   : MR. M J BARUAH

Advocate for the Respondent : SC, SSA

                                    BEFORE
                       HONOURABLE MR. JUSTICE UJJAL BHUYAN

                                          ORDER

Date : 06-03-2019 By order dated 05.10.2018 notice was directed to be issued to respondent No.8 by registered post with AD.

Mr. M.J. Baruah, learned counsel for the petitioner submits that notice was issued to respondent No.8 in the correct address.

From the office note-sheets, it is seen that such notice was issued to respondent No.8 on 12.10.2018.

As per office note dated 20.11.2018, neither AD card nor unserved notice in respect of respondent No.8 was received by the office.

Having regard to the lapse of time since issuance of notice to respondent No.8, presumption as to service of notice on respondent No.8 may be drawn.

Accordingly, respondent No.8 is treated to have been served.

Service is complete.

List in the admission column after two weeks.

Page No.# 3/3 Respondents may file affidavit in the meanwhile.

JUDGE Comparing Assistant