Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 13 May, 2025
Page No.# 1/4
GAHC010017932025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/637/2025
RAFIQUL ISLAM
R/O- VILLAGE- FATASIMALU GAON,
P.S- ORANG,
UDALGURI, BTR, ASSAM, PIN-784117
2: JAMINA KHATUN
W/O- RATIKUL
VILLAGE- FATA SIMALU GAON
P.S- ORANG
DIST-UDALGURI
BTR
ASSAM
PIN-784117
3: KULSUMA KHATUN
S/O-SOFIKUL ISLAM
VILLAGE- FATA SIMALU GAON
P.S- ORANG
DIST-UDALGURI
BTR
ASSAM
PIN-784117
4: RABIYA KHATUN
W/O- AKBAR ALI
VILLAGE- FATA SIMALU GAON
Page No.# 2/4
P.S- ORANG
DIST-UDALGURI
BTR
ASSAM
PIN-784117
5: BAHARUL ISLAM
S/O- ECHAK ALI
VILLAGE- FATA SIMALU GAON
P.S- ORANG
DIST-UDALGURI
BTR
ASSAM
PIN-78411
VERSUS
THE STATE OF ASSAM
REP BY THE SECRETARY TO THE GOVT OF ASSAM, HOME AND
POLITICAL DEPTT, DISPUR, GUWAHATI-06, ASSAM
2:THE DIRECTOR GENERAL OF POLICE
ULUBARI
GUWAHATI-07
ASSAM
3:THE SUPERINTENDENT OF POLICE
TEZPUR
SONITPUR
ASSAM
PIN-784001
4:THE OFFICER IN CHARGE
DHEKIAJULI POLICE STATION
DIST-SONITPUR
ASSAM
PIN-784110
5:RAJKUMAR TAYE
SI
IN CHARGE
SINGRI POLICE OUT POST
Page No.# 3/4
P.S- DHEKIAJULI
DIST-SONITPUR
ASSAM
PIN-784110
6:PRIYANSHU BURAGOHAIN
SI
IN CHARGE
BORSOLA POLICE OUT POST
P.S- DHEKIAJULI
DIST-SONITPUR
ASSAM
PIN-78411
Advocate for the Petitioner : MD. AMIL HUSSAIN, MR. K ALOM,MR. T ISLAM
Advocate for the Respondent : GA, ASSAM,
BEFORE
DEPUTY REGISTRAR (BENCH) - MR. SAPTARSHI DAS
ORDER
Date : 13.05.2025 Case taken up before the Lawazima Court.
None appears on behalf of the petitioner.
Perused the records.
The instant matter has been carefully perused and upon such perusal, it has been observed that the previous Lawazima Court's order dated 25.04.2025 had observed that the track consignment report shows the status of the notice issued to the respondent No. 6 as "Item Dispatched" by "Sirajuli S.O.".
In view of the aforesaid, the previous Lawazima Court had directed the concerned section to freshly generate the track consignment report of the aforesaid notice issued to the respondent No. 6 and further directed to list the matter before the Lawazima Court.
P-ursuant to the aforesaid direction of the Lawazima Court, the concerned section has procured a fresh track consignment report of the notice issued to the respondent No. 6, Page No.# 4/4 which is tagged with the case record at Flag-'TC1' in part-III file.
However, perusal of the track consignment report reflects certain discrepancies regarding service of notice upon the respondent No. 6. The said discrepancies arises from the below mentioned facts:-
(i) That on 26.02.2025 at 10:02 A.M, the track consignment report shows that notice has been delivered to the addressee by Borsola B.O.
(ii) However, on the same day, i.e., 26.02.2025 at 11.03 P.M., the track consignment report shows the status of the notice as "Item Dispatched" by Sirajuli S.O. In view of the facts mentioned above, it cannot be ascertained whether the notice has been duly served upon the respondent No. 6 or not.
As such, the instant matter is laid before the Hon'ble for obtaining necessary order regarding service of notice upon the respondent No. 6.
Deputy Registrar (Bench) Comparing Assistant