Gauhati High Court
Sanjenban Chakraborty Singha vs The State Of Assam And 3 Ors on 7 September, 2022
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
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GAHC010229512016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1472/2016
SANJENBAN CHAKRABORTY SINGHA
S/O- LT. THAMBAL SINGHA, VILL.- MADHABPUR, P.O.- MADARIPAR, DIST.-
HAILAKANDI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS
TO BE REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
DEPTT. FOR WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES,
DISPUR, GHY- 6.
2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
DEPTT. OF WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES
DEPTT.
RUKMINIGAON
GHY- 6.
3:THE DIRECTOR
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPTT.
RUKMINIGAON
GHY- 6.
4:THE MANIPURI DEVELOPMENT COUNCIL
ASSAM
TO BE REP. BY ITS CHAIRMAN
MR. JITEN SINGHA
S/O- PARTHA SINGHA
A R/O- BARTHAKUR MILL ROAD
LACHIT NAGAR
PIN- 781007
DIST.- KAMRUP M
ASSAM
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Advocate for the Petitioner : MRA R BHUYAN
Advocate for the Respondent : MR.D P BORAHR-4
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
07.09.2022 Heard Ms. S Islam, learned counsel for the petitioner and Mr. R Dhar, learned counsel for the respondents in the WPT&BC Department of the Government of Assam. Although office note of 05.10.2018 shows that a learned counsel has entered appearance on behalf of respondent No. 4, but when the matter is taken up for hearing, none appears for the said respondent. Considering the stage of the litigation, we are of the view that non-appearance on behalf of the respondent No. 4 need not detain the Court any further to pass the appropriate order.
2. This writ petition is instituted with the following prayers:-
"A. directing/commanding the state Respondents more particularly the Respondent No. 1 and 2 to re-constitute the Manipuri Development Council as per guideline dated 7/1/20211 for next term i.e. through election; B. setting aside/quashing the Notification dated 21/5/2014 issued by the Respondent No.1;
C. directing/commanding the Respondent No. 1 and 2 not to extend the term of the expired Manipuri Development Council further;"
3. A reading of the prayers make it discernible that the writ petitioner seeks for reconstitution of the Manipuri Development Council as per a guidelines dated 07.01.2011 for the next term by adopting the method of election.
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4. Mr. R Dhar, learned counsel for the respondents in the WPT&BC Department has produced a notification dated 21.12.2020 by which the Manipuri Development Council had been reconstituted with Smti Reena Singh as the Chairman and others.
5. As the core grievance of the petitioner had already been taken care of by the notification dated 21.12.2020 reconstituting the Manipuri Development Council, we are of the view that no further adjudication is required in this writ petition and accordingly, the writ petition stands closed. However, if the petitioner is further aggrieved by the notification dated 21.12.2020, liberty remains with the petitioner to approach again, if so advised.
6. The notification dated 21.12.2020 is kept on record.
Interim order, if any, stands vacated.
JUDGE Comparing Assistant