Gauhati High Court
Raja Sarkar vs The State Of Assam And 4 Ors on 5 November, 2024
Page No.# 1/3
GAHC010118822024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3096/2024
RAJA SARKAR
S/O- LATE MURARI MOHAN SARKAR,
VILL- BIDYAPARA PART I,
P.S AND DIST- DHUBRI, ASSAM, PIN-783301
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-
06.
2:THE DEPUTY COMMISSIONER
DHUBRI
(REVENUE BRANCH)
P.O
P.S AND DIST. DHUBRI
ASSAM
PIN CODE -783301.
3:THE CIRCLE OFFICER
DHUBRI REVENUE CIRCLE
P.O
P.S AND DIST. DHUBRI
ASSAM
PIN CODE- 783301.
4:MOHUA SARKAR
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D/O- LATE MURARI MOHAN SARKAR
R/O- T.R PHUKAN ROAD
WARD NO- 06
P.O
P.S AND DIST- DHUBRI
ASSAM
PIN-783301
5:SHILA SARKAR
W/O- LATE MRINMOY KUMAR SARKAR
R/O- PYARI MOHAN LANE
WARD NO- 15
P.O- BIDYAPARA
P.S AND DIST- DHUBRI
ASSAM
PIN-78330
Advocate for the Petitioner : MR. A Z AHMED, MR. L R MAZUMDER
Advocate for the Respondent : SC, REVENUE, GA, ASSAM
BEFORE
JOINT REGISTRAR (JUDL.) MR. CHINMOY BARUAH
ORDER
Date : 05.11.2024 Case taken up before the Lawazima Court.
Learned counsel Mr. A.Z. Ahmed appears on behalf of the petitioner. Perused the records.
On a careful perusal of the case record reveals that the previous Lawazima Court vide its order dated 25.10.2024 had observed that the postal track consignment report reflects the status of notice in respect of the respondent No. 5 as "Out for Delivery" by "Bidyapara S.O." as on 20.07.2024 and as such, the Lawazima Court had awaited the service of notice upon the said respondent. The abovementioned order of the Lawazima Court dated Page No.# 3/3 25.10.2024 had further directed the concerned section to place a freshly generated postal track consignment report regarding respondent No. 5 and list the matter again before the Lawazima Court on 5th of November, 2024.
Pursuant to the aforesaid order, the matter is listed today with a fresh office note dated 04.11.2024, which reveals that, as per the direction of the Lawazima Court, a fresh postal track consignment report has been generated and the same has been tagged with the case record at Flag-'M' in Part-II file. The said track consignment report is carefully perused and it appears that the latest track consignment report still showing the status as "Out for Delivery"
by "Bidyapara S.O." as on 20.07.2024.
Now, in connection with the service of notice upon the respondent No. 5 , the learned counsel Mr. A. Z. Ahmed appearing on behalf of the petitioner submitted that he has been informed that the respondent No. 5 has duly received the notice and as such, the learned counsel has prayed for the matter to be placed before the Hon'ble Court.
In view of the submission made by the learned counsel for the petitioner, the matter is laid before the Hon'ble Court for obtaining necessary orders.
Joint Registrar (Judicial) Comparing Assistant