Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 7 Ors on 22 January, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010272302024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6962/2024
KALAPAHAR ASTHA SEWA SAMITTEE AND ANR.
REPRESENTED BY ITS PRESIDENT
2: KHOKAN MAZUMDAR
PRESIDENT
KALAPAHAR ASTHA SEWA SAMITEE
S/O LATE MAHENDRA MAZUMDAR
RESIDENT OF VILLAGE BIRUBARI
PO GOPINATH NAGAR
PS PALTAN BAZAR
DIST KAMRUP M ASSAM 78101
VERSUS
THE STATE OF ASSAM AND 7 ORS.
TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
ASSAM, DEPARTMENT OF HOME DISPUR GUWAHATI 781006
2:THE DISTRICT COMMISSIONER
KAMRUP M HENGRABARI
GUWAHATI ASSAM 781006
3:THE ASSISTANT COMMISSIONER CUM EXECUTIVE MAGISTRATE
KAMRUP M HENGRABARI
GUWAHATI ASSAM 781006
4:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI. GUWAHATI 781007
5:THE COMMISSIONER OF POLICE
Page No.# 2/3
PANBAZAR
GUWAHATI 781001 ASSAM
6:THE OFFICER IN CHARGE
FATASIL AMBARI POLICE STATION
FAYAL AHMED ROAD
BINOWA NAGAR KALAPAHAR
GUWAHATI 781016 ASSAM
7:THE GUWAHATI MUNICIPAL CORPORATION
TO BE REP. BY ITS COMMISSIONER
2ND FLOOR
STATFED BUILDING
GMCH ROAD
BHANGAGARH
GUWAHATI 781005 ASSAM
8:THE DEPUTY COMMISSIONER OF POLICE
WEST GUWAHATI POLICE DISTRICT JALUKBARI
GUWAHATI 781014 ASSA
Advocate for the Petitioner : MR I RAFIQUE, MS A AFREEN,MRS S A CHOUDHURY
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : --22.01.2025 Heard Mr. I. Rafique, learned counsel for the petitioners, Mr. H. Sharma, learned Additional Senior Government Advocate, Assam for the respondent nos. 1, 2, 3, 4, 5, 6 & 8; Mr. P. Nayak, learned Standing Counsel, GMC for the respondent no. 7.
The petitioners have approached this Court by this petition claiming that the Order dated 06.09.2024 passed by the respondent no. 3 has not been enforced by the respondent authorities. The Order dated 06.09.2024 appears to have been passed in exercise of powers under Section 164 and Section 165 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Issue notice, returnable on 12.02.2025.
Page No.# 3/3 As Mr. Sharma, learned Additional Senior Government Advocate, Assam has appeared and accepted notices on behalf of the for the respondent nos. 1, 2, 3, 4, 5, 6 & 8; Mr. P. Nayak, learned Standing Counsel, GMC has appeared and accepted notice for the respondent no. 7, formal notices need not be issued to the said respondents. Mr. Rafique, learned counsel for the petitioners shall furnish requisite nos. of extra copies of the writ petition along with the annexures, to Mr. Sharma and Mr. Nayak by tomorrow.
The learned counsel for the respondents shall obtain instruction as to why the Order dated 06.09.2024, as contended by the petitioners, has not yet enforced.
The name of learned Standing Counsel, GMC by reflected in the respondents' side in the cause list.
JUDGE Comparing Assistant