Gauhati High Court
Helal Ahmed vs Aftab Hussain And Anr on 24 October, 2024
Page No.# 1/2
GAHC010253722022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/303/2022
HELAL AHMED
S/O LATE ABDUL LATIF, VILL- ROUTHGRAM, P.O.-KALIGANJ BAZAR, P.S.-
KARIMGANJ, DIST- KARIMGANJ, ASSAM
VERSUS
AFTAB HUSSAIN AND ANR
S/O LATE ABDUL LATIF, VILL- ROUTHGRAM, P.O.-KALIGANJ BAZAR, P.S.-
KARIMGANJ, DIST- KARIMGANJ, ASSAM
2:JAKIR HUSSAIN
S/O LATE ABDUL LATIF
VILL- ROUTHGRAM
P.O.-KALIGANJ BAZAR
P.S.-KARIMGANJ
DIST- KARIMGANJ
ASSA
Advocate for the Petitioner : MR. A M BARBHUIYA, B. PATHAK,MS A BEGUM,MS S R
MAZARBHUIYA
Advocate for the Respondent : ,
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BEFORE
DEPUTY REGISTRAR (BENCH) - MR. SAPTARSHI DAS
ORDER
Date : 24.10.2024 Case taken up before the Lawazima Court.
None appears on behalf of the petitioner.
Perused the records.
The Hon'ble Court vide its order dated 11.09.2024 had referred the instant matter to the Lawazima Court to verify the service of notice upon respondent No. 1.
In apropos to the aforesaid order of the Ho'ble Court, the matter is listed today before the Lawazima Court. And, on being perused the case record of the instant matter, it has been observed that no A/D card or un-served notice has been received in respect of the respondent No. 1, which was issued on 17.12.2022. Besides the aforesaid, it seems that the postal track consignment details were also not available in India Post website-
"indiapost.gov.in". As such, it may be said that notice is yet to be served upon the respondent No. 1.
In view of the above, the petitioner is directed to take fresh steps for service of notice upon the respondent No. 1 by registered post with A/D as well as by usual Court process through the office of the learned Civil Judge (Junior Division), Karimganj, within 7(seven) days from the date of this order.
Further, it may be mentioned that this Lawazima Court has observed that the notice in respect of the notice issued to respondent No. 2 has been received un-served with the postal remark "Not known, Return to sender". As such, the petitioner is directed to obtain proper instructions regarding the address of the respondent No. 2.
Let the matter be listed again before the Lawazima Court in the third week of November, 2024.
Deputy Registrar (Bench) Comparing Assistant