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Gauhati High Court

Sri Swadesh Ranjan Paul And Jahar Paul vs The State Of Assam And 5 Ors on 12 October, 2020

Author: Kalyan Rai Surana

Bench: Kalyan Rai Surana

                                                                 Page No.# 1/3

GAHC010114372020




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

                          Case No. : WP(C) 3356/2020

         1:SRI SWADESH RANJAN PAUL AND JAHAR PAUL
         (A JOINT VENTURE FIRM, HAVING OFFICE REGD. OFFICE ATLLASHPUR,
         P.O. BARAIGRAM, P.S. PATHERKANDI, DIST. KARIMGANJ, ASSAM, PIN-
         78873) REP. BY ITS AUTHORISED REPRESENTATIVE SRI JAHAR PAUL.

         VERSUS

         1:THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE COMM. AND SECY., WATER RESOURCES DEPTT., GUWAHATI-
         06, ASSAM.

         2:THE SECRETARY
         WATER RESOURCE DEPTT.
          DISPUR
          GUWAHATI-06
         ASSAM.

         3:THE CHIEF ENGINEER
         WATER RESOURCES DEPTT.
          CHANDMARI
          GUWAHATI-781003.

         4:THE SUPDT. ENGINEER
         WATER RESOURCE (CIRCLE)
          HAILAKANDI
          DIST. HAILAKANDI
         ASSAM
          PIN-788152.

         5:THE EXECUTIVE ENGINEER
         WATER RESOURCE DIVISION
          KARIMGANJ
          DIST. KARIMGANJ
         ASAM
                                                                                    Page No.# 2/3

              PIN-788723.

              6:JOYSHREE DEV
              W/O. SRI SANJU DEB
               LAKHISASHAR
               P.O. AND P.S. HAILAKANDI
               DIST. HAILAKANDI
              ASSAM
               PIN-788152

Advocate for the Petitioner   : MR. JYOTIRMOY ROY

Advocate for the Respondent : SC, WATER RESOURCE




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                           ORDER

Date : 12.10.2020 Both sides are duly represented by their respective learned counsel. Mr. B. Goswami, learned Additional Advocate General appearing for the State submits that as per instructions received by him, the petitioners had submitted hard copy of the tender only after expiry of the last date of submission of tender and, as such, he submits that the averments made in the writ petition is incorrect.

Be that as it may, it would be appropriate for the State to file their affidavit-in- opposition.

Let a notice of motion returnable on 18.11.2020 be issued. No postal steps is required to be taken in respect of respondent nos.1-5. However, requisite extra copies of the writ petition may be furnished to the learned counsel assisting the Additional Advocate General for the State in course of the day today.

The petitioner shall take steps for service of notice on respondent no.6 by registered/ speed post with A/D within 2 (two) days from today.

Liberty is granted to the learned counsel for the petitioner to collect the postal receipt number from the Registry and track service through the postal website and the track report may be filed before the Registry prior to the next date fixed.

Page No.# 3/3 List on 18.11.2020. Affidavit-in-opposition may be file at least 1 (one) week prior to the next date of listing.

Interim order passed earlier shall continue till the next date of listing.

JUDGE Comparing Assistant