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GAHC010047432025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/775/2025
BISWAJIT DAS AND 30 ORS
RESIDENT OF HOUSE NO 20 NANDAN PATH BISHNURABHA ROAD
BHETAPARA GUWAHATI PO BELTOLA PS HATIGAON KAMRUP METRO
2: KALYAN ARDAO
SON OF KALIPADA ARDAO
HAGJER NAGAR APOLLO ROAD TOWN RAZI HAFLONG PO HAFLONG PS
HAFLONG DIST DIMA HASAO
3: ABHINAB SARMA
SON OF DR. GOPAL SARMA
RESIDENT OF BAGHORBORI PANJABRI GUWAHATI PO PANJABARI PS
DISPUR DISTRICT KAMRUP METRO ASSAM
4: FIROZ AHMED
SON OF LATE FAIZ ALI
RESIDENT OF DHIRENPARA AMTOL GUWAHATI PO DHIRENPARA PS
FATASHIL AMBARI DISTRICT KAMRUP METRO ASSAM
5: RONI MD TAWSIF KAMAL
SON OF ABDUL KHALIQUE
RESIDENT OF QUARTER NO 1 GROUND FLOOR SDO BUILDING PWD
CAMPUS CHANDMARI PO AND PS CHANDMARI DIST KAMRUP METRO
ASSAM
6: ROKTIM GOGOI
SON OF UMESH CHANDRA GOGOI
RESIDENT OF JAMIRAH MOTTOCK GAON PO JAMIRAH PS BARBARUAH
DISTRICT DIBRUGARH
7: DARIN BARUAH
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SON OF GOLOK CHANDRA BARUAH
RESIDENT OF CHIRING CHAPORI SANOTSHIMAA LANE KHATONIARPARA
PO DIBRUGARH PS DIBRUGARH DISTRICT DIBRUGARH ASSAM
8: NEHA BORAH
DAUGHTER OF NABAJYOTI BORAH
RESIDENT OF RONGDOI GOHAINTIKA GAON JORHAT ASSAM P O
RONGDOI CHARIALI P S JORHAT
9: KISHOR KALITA
SON OF LATE GANESH KALITA
VILLAGE KATPUHA PO ARIKUCHI DIST NALBARI ASSAM
10: SHAYAN PAUL
SON OF SRI SUDHANGSHU PAUL
RESIDENT OF VILL AND PO AMBARKHANA PS KARIMGANJ DISTRICT
KARIMGANJ ASSAM
11: MRINAL BHUYAN
S/O MEGH NATH BHUYAN
KALYAN NAGAR PO NAHARKATIA PS NAHARKATIA DIST DIBRUGARH
ASSAM
12: BHIMLAL KONWAR
SON OF BABUL KONWAR
RESIDENT OF NEAR HOJAI MARKETING WHOLESALE CONSUMERS
COOPERATIVE SOCIETY LTD ADARSHA BAZAAR MAIN ROAD HOJAI PO
HOJAI PS HOJAI ASSAM
13: SUBHANKAR DAS
SON OF SANJIB DAS
RESIDENT OF PEOLINAGAR MORAN PO MORAN PS MORAN DISTRICT
DIBRUGARH ASSAM
14: KRITIKA LANGTHASA
DAUGHTER OF LT. ARNODA LANGTHASA
SAINZA RAJI HAFLONG PO HAFLONG PS HAFLONG DIST DIMA HASAO
15: SHUBHAM SEN
S/O PRADEEP SEN
R.K. ROAD
BENGALIPATTY NAGAON ASSAM PO NAGAON PS NAGAON SADAR
16: TAHIR AHMED LASKAR
SON OF JASHIM UDDIN LASKAR
VILLAGE AND PO RAKHAL KHALER PAR I PS SILCHAR CACHAR ASSAM
17: TARALI SAIKIA
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RESIDENT OF HOUSE NO 346 MOTHER TERESA ROAD PO ZOO ROAD PS
GEETANAGAR POLICE STATION DISTRICT KAMRUP METRO ASSM
18: BHASKAR JYOTI PEGU
SON OF GOLAP CHANDRA PEGU
RESIDENT OF NO 1 KACHUTALI MAHORICAMP GOGAMUKH DHEMAJI PO
UKHAMATI PS GOGAMUKH DHEMAJI ASSAM
19: YEKHYOPYA CHOWLIK
DAUGHTER OF LATE SILLAKHIT CHOWLIK
POWAIMUKH VILLAGE PO MAKUMKILLA PS MARGHERITA DIST
TINSUKIA
20: SUSHANTA SARKAR
SON OF SURESH CH. SARKAR
JOYNAGAR WARD NO 4 PO AND PS GOSSAIGAON DISTRICT KOKRAJHA
21: MOON MOON MEDHI
DAUGHTER OF RAMKRISHNA MEDHI
RESIDENT OF HOUSE NO 2 SHANTI PATH FAKHARUDDIN ALI AHMED
NAGAR PANJABARI ROAD SIXMILE PO KHANAPARA PS DISPUR DIST
KAMRUP METRO
22: DHRUBAJYOTI DAS
SON OF LATE SUREN CHANDRA DAS
RESIDENT OF SHREE HARI APARTMENT 1B NEAR BHARALUMUKH POST
OFFICE KRB ROAD KAMRUP M ASSAM
23: BIJOY SANKAR SAIKIA
S/O HEMKANTA SAIKIA
ADDRESS CHARIGAON KATHONIARKURI PO CHENGELIGAON PS JORHAT
DIST JORHAT ASSAM
24: APURBA DAS
SON OF LATE JADAV DAS
KKH SANSKRIT COLLEGE GATE PADUMBARI JALUKBARI DIST KAMRUP
M
25: AJOY DOLEY
SON OF MANIK CHANDRA DOLEY
RESIDENT OF KUMARBARI JENGRAIMUKH PO JENGRAIMUKH PS
JENGRAIMUKH DISTRICT MAJULI ASSAM
26: AIONDEEP GOGOI
SON OF NOGEN GOGOI VILL BORBHETACHAPORIGAON PO LICHUBARI PS
LICHUBARI DIST JORHAT ASSAM
27: PROTUL HOJAI
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SON OF JAYPALAL HOJAI
VILL DIMALIKPUR PO MAIBANG PS MAIBANG DISTRICT DIMA HASAO
28: ARIHANA GOGOI
DAUGHTER OF GHANASHYAM GOGOI
RESIDENT OF TARAJAN NEAREST LANDMARK ONGC DISPENSARY PO
TARAJAN PSTARAJAN DISTRICT JORHAT ASSAM
29: HEMANGA SAIKIA
TOWN NARAYANPUR WARD NO 01 PO DIKRONG PS NARAYANPUR DIST
LAKHIMPUR
30: MD SHARUL AHMED
SON OF MD ABDUL MANIK
VILLAGE DEORAIL PO BADARPUR AND PS BADARPUR DISTRICT
SRIBHUMI
31: BIJOY SANKAR BORAH
SON OF PRASANTA BORAH
VILLAGE SONARI PO SONARI PS SONARI DISTRICT CHARAIDEO
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO
THE GOVERNMENT OF ASSAM PUBLIC WORKS ROADS DEPARTMENT
DISPUR JANATA BHAWAN DISPUR GUWAHATI
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
ESTABLISHMENT B BRANCH PUBLIC WORKS DEPARTMENT JANATA
BHAWAN DISPUR GUWAHATI
3:SRI SURESH KALITA
GUWAHATI NH CIRCLE PUBLIC WORKS DEPARTMENT
4:SRI KHANINDRA KHATANIAR
GUWAHATI NH CIRCLE PUBLIC WORKS DEPARTMENT
5:SRI RANJAN MAHANTA
SIVASAGAR DISTRICT TERRITORIAL BUILDING DIVISION PUBLIC WORKS
DEPARTMENT
6:SRI MAINUDDIN AHMED
GOALPARA BUILDING CIRCLE PUBLIC WORKS DEPARTMENT
7:MD NUR AHMED ALI
DHUBRI DISTRICT TERRITORIAL BUILDING DIVISION PUBLIC WORKS
DEPARTMENT
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8:SRI BIRAJ KUMAR MUDIAR
DISPUR AND GUWAHATI EAST TERRITORIAL BUILDING DIVISION PUBLIC
WORKS DEPARTMENT
9:SRI NUR AMIN ALI
KOKRAJHAR BUILDING CIRCLE PUBLIC WORKS DEPARTMENT
10:MRS KRISHNA DUTTA
NAHARKATIA DULIAJAN CHABUA BUILDING DIVISION PUBLIC WORKS
DEPARTMENT
11:SRI SHANE ALAM
TEZPUR BUILDING CIRCLE PUBLIC WORKS DEPARTMENT
12:SRI BISHNU ARJEL CHETRI
DIPHU ROAD DIVISION PUBLIC WORKS DEPARTMENT
13:SRI RAJAT KANTI NATH
OFFICE OF HAFLONG R AND B CIRCLE PUBLIC WORKS DEPARTMENT
14:SRI ACHYUT KR NATH
SIPAJHAR AMD KALAIGAON TERRITORIAL ROAD DIVISION PUBLIC
WORKS DEPARTMENT
15:SRI PANKAJ DAS
OFFICE OF THE SUPERINTENDING ENGINEER SONITPUR AND BISWANATH
ROAD CIRCLE PUBLIC WORKS DEPARTMENT
16:SRI DIJU GOGOI
JORHAT DERGAON AND TITABOR RAOD DIVISION
17:SRI AJIT BARMAN
OFFICE OF THE SUPERINTENDING ENGINEER NALBARI ROAD CIRCLE
PUBLIC WORKS DEPARTMENT
18:SRI SANKAR SARMA
SUPERINTENDING ENGINEER NALBARI ROAD CIRCLE PUBLIC WORKS
DEPARTMENT
19:SMTI RIJU GOGOI
DIBRUGARH LAHOWAL MORAN AND TINGKHONG TERRITORIAL ROAD
DIVISION PUBLIC WORKS DEPARTMENT
20:SRI MONOWAR HUSSAIN
SARBHOG AND JANIA TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
21:SRI SAIFUDDIN AHMED
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SOUTH KAMRUP TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
22:SRI HEMENDRA BARMAN
OFFICE OF THE SUPERINTENDING ENGINEER NALBARI ROAD CIRCLE
PUBLIC WORKS DEPARTMENT
23:SRI KANAK KALITA
BRAHMAPUTRA BRIDGE CONSTRUCTION DIVISION II PUBLIC WORKS
DEPARTMENT
24:SRI LAKHESWAR THAKURIA
BARPETA BAGHBAR AND CHENGA TERRITORIAL ROAD DIVISION PUBLIC
WORKS DEPARTMENT
25:SRI TIKENDRA CHOUDHURY
BHAWANIPUR PATACHARKUCHI AND SARUKHETRI TERRITORIAL ROAD
DIVISION PUBLIC WORKS DEPARTMENT
26:SRI SHAMSUJJAMAN BARLASKAR
HAILAKANDI DISTRICT TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
27:MD NUR ISLAM
SOUTH SALMARA DISTRICT TERRITORIAL ROAD DIVISION PUBLIC
WORKS DEPARTMENT
28:SRI ANUD TAMULI
NAZIRA AND AMGURI TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
29:SRI AJAY KR SARMA
OFFICE OF THE ADDITIONAL CHIEF ENGINEER TEZPUR ZONE PUBLIC
WORKS DEPARTMENT
30:SRI BALIN GOGOI
OFFICE OF THE SUPERINTENDING ENGINEER CHARAIDEO AND SIVSAGAR
ROAD CIRCLE PUBLIC WORKS DEPARTMENT
31:MD TAZUDDIN AHMED
BARPETA
BAGHBAR AND CHENGA TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
32:SRI CHANDAN CHAKRABORTY
MUSALPUR R AND B DIVISION
PUBLIC WORKS DEPARTMENT
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33:SRI KHITABUDDIN AHMED
OFFICE OF THE CHIEF ENGINEER BORDER ROADS AND NEC WORKS
PUBLIC WORKS ROADS DEPARTMENT AND ATTACHED TO JALUKBARI
AND HAJO TERRITORIAL ROAD DIVISION PUBLIC WORKS DEPARTMENT
34:SRI DUL MALLA BUZARBARUAH
RANGIA NH DIVISION PUBLIC WORKS DEPARTMENT
35:SRI RANJIT PATOWARI
OFFICE OF THE CHIEF ENGINEER PUBLIC WORKS ROADS DEPARTMENT
36:SRI DIPAK CH DAS
NORTH KAMRUP TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
37:SRI PRADIP KONWAR
GOLAGHAT AND KHUMTAI TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
38:SRI MAZIDUR RAHMAN
DHUBRI CIVIL SUB-DIVISION TERRITORIAL ROAD DIVISION PUBLIC
WORKS DEPARTMENT
39:SRI JAYANTA KR KHATONIAR
OFFICE OF THE SUPERINTENDING ENGINEER CHARAIDEO AND SIVSAGAR
ROAD CIRCLE PUBLIC WORKS DEPARTMENT
40:SRI BHASKAR BORAH
TEZPUR
SOOTEA AND RANGAPARA TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
41:SRI MOHIT RANJAN DAS
SILCHAR AND UDARBAND TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
42:SRI BHUPENDRA NATH DAS
OFFICE OF THE DIRECTOR ARR ANDTI PUBLIC WORKS DEPARTMENT
43:SRI SATYENDRA NATH THAKURIA
OFFICE OF THE CHIEF ENGINEER ROADS PUBLIC WORKS ROADS
DEPARTMENT
44:SRI DHIRAJ SARMA
OFFICE OF THE SUPERINTENDING ENGINEER BONGAIGAON AND DHUBRI
ROAD CIRCLE PUBLIC WORKS DEPARTMENT
45:SYED AFROZ AHMED
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ABHYAPURI CONSTRUCTION DIVISION PUBLIC WORKS DEPARTMENT
46:SRI ANIRUDDHA BISWAS
MAHUR ROADS DIVISION PUBLIC WORKS DEPARTMENT
47:SRI UCHCHAL KR BHATTACHARJEE
NAZIRA AND AMGURI TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
48:SRI HERAMBA MEDHI
NORTH KAMRUP TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
49:SMTI NIRMALI KAKOTY
HOJAI DISTRICT TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
50:SMTI TASMIN AHMED
TINSUKIA DOOMDOOMA AND SADIA TERRITORIAL ROAD DIVISION
PUBLIC WORKS DEPARTMENT
51:SMTI CHINU PHUKAN
GUWAHATI NH CIRCLE PUBLIC WORKS DEPARTMENT
52:SRI HITESH SARMA
OFFICE OF SUPERINTENDING ENGINEER DARRANG ROAD CIRCLE PUBLIC
WORKS DEPARTMENT
53:SRI GOLAP CH KALITA
GOALPARA WEST AND JALESWAR TERRITORIAL ROAD DIVISION PUBLIC
WORKS DEPARTMENT
54:SRI H M SANOWAR HUSSAIN
SOUTH SALMARA DISTRICT TERRITORIAL ROAD DIVISION PUBLIC
WORKS DEPARTMENT
55:SRI KAILASH PATOARY
OFFICE OF THE CHIEF ENGINEER BORDER ROADS AND NEC WORKS
PUBLIC WORKS DEPARTMENT
56:SRI NABA KR SARMA
GUWAHATI NH DIVISION PUBLIC WORKS DEPARTMENT
57:SRI JITENDRA NATH DEKA
EAST GUWAHATI TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
58:SRI RAJUMONI KOTOKY
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OFFICE OF THE SUPERINTENDING ENGINEER MORIGAON ROAD CIRCLE
PUBLIC WORKS DEPARTMENT
59:SRI DURLAV GOGOI
OFFICE OF THE SUPERINTENDING ENGINEER
CHARAIDEO AND SIVSAGAR ROAD CIRCLE PUBLIC WORKS
DEPARTMENT
60:SRI PRABHAKAR MAHANTA
BAKULIA NH DIVISION PUBLIC WORKS DEPARTMENT
61:SMTI MAINU MAHANTA
OFFICE OF THE CHIEF ENGINEER BORDER ROADS AND NEC WORKS
PUBLIC WORKS DEPARTMENT
62:SRI ANAMUR RAHMAN BARBHUYAN
KARIMGANJ NORTH
KARIMGANJ SOUTH AND BADARPUR TERRITORIAL ROAD DIVISION
PUBLIC WORKS DEPARTMENT
63:SD ASHADULLAH DEWAN
OFFICE OF THE CHIEF ENGINEER BORDER ROADS AND NEC WORKS
PUBLIC WORKS ROADS DEPARTMENT
64:SRI ANIL RANJAN DAS
RANGIA NH DIVISION PUBLIC WORKS DEPARTMENT
65:MD OSMAN GONI
OFFICE OF THE ADDITIONAL CHIEF ENGINEER
EASTERN ZONE DIBRUGARH PUBLIC WORKS DEPARTMENT
66:SRI DHIRAJ DUTTA
OFFICE OF THE CHIEF ENGINEER ROADS PUBLIC WORKS DEPARTMENT
67:SRI RUPAM KAKATI
OFFICE OF THE SUPERINTENDING ENGINEER LAKHIMPUR AND MAJULI
ROAD CIRCLE PUBLIC WORKS DEPARTMENT
68:SRI DALIM KALITA
OFFICE OF THE SUPERINTENDING ENGINEER GOALPARA AND SOUTH
SALMARA ROAD CIRCLE PUBLIC WORKS DEPARTMENT
69:SRI DEEPJYOTI DEKA
BHAWANIPUR PATACHARKUCHI AND SARUKHETRI TERRITORIAL ROAD
DIVISION PUBLIC WORKS DEPARTMENT
70:SRI HIMANGSHU TALUKDAR
NALBARI NH CIRCLE PUBLIC WORKS DEPARTMENT
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71:SRI ARUNODAY DAS
HAILAKANDI DISTRICT TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
72:SRI AMAL DEKA
OFFICE OF THE CHIEF ENGINEER ROADS PUBLIC WORKS DEPARTMENT
AND ATTACHED TO WEST GUWAHATI TERRITORIAL ROADS DIVISION
PUBLIC WORKS DEPARTMENT
73:SMTI JUNU MONI BORGOHAI
OFFICE OF THE ADDITIONAL CHIEF ENGINEER EASTERN ZONE
DIBRUGARH PUBLIC WORKS DEPARTMENT
74:SRI DIPAK BHARALI
SOUTH KAMRUP TERRITORIAL ROAD DIVISION AND ATTACHED TO
JALUKBARI AND HAJO TERRITORIAL ROAD DIVISION
75:SRI GAJENDRA BAISHYA
OFFICE OF THE DIRECTOR ARR ANDTI PUBLIC WORKS DEPARTMENT
76:SRI BISWAJIT BANIK
OFFICE OF THE HOJAI DISTRICT TERRITORIAL BUILDING DIVISION
PUBLIC WORKS DEPARTMENT
77:SRI DILIP GOYARY
MUSALPUR R AND B DIVISION PUBLIC WORKS DEPARTMENT
78:SRI PIJUSH KANTI CHOUDHURY
BORKHOLA AND KATIGORAH TERRITORIAL ROAD DIVISION PUBLIC
WORKS DEPARTMENT
79:SRI UTPAL KUMAR KHAKHLARY
DUDHNOI AND GOALPARA EAST TERRITORIAL ROAD DIVISION PUBLIC
WORKS DEPARTMENT
80:SRI BIJOY KUMAR DAS
NALBARI NH CIRCLE PUBLIC WORKS DEPARTMENT
81:SRI RAJIB SAIKIA
GOLAGHAT NH DIVISION PUBLIC WORKS DEPARTMENT
82:SRI BAPUTI DEORI
LAKHIMPUR
NAOBOICHA AND BIHPURIA TERRITORIAL ROAD DIVISION PUBLIC
WORKS DEPARTMENT
83:SRI NABIN CHANDRA DOLOI
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OFFICE OF THE CHIEF ENGINEER ROADS PUBLIC WORKS DEPARTMENT
84:SRI RONALD LAL ROCHAON INBUON
DIPHU BUILDING CIRLCE PUBLIC WORKS DEPARTMENT
85:SMTI BABY TOKBIPI
BAKULIA NH DIVISION PUBLIC WORKS DEPARTMENT
86:SRI HONKON SHYAM
SARUPATHAR TERRITORIAL ROAD DIVISION PUBLIC WORKS
DEPARTMENT
87:SRI HEMSING RONGPHAR
UMPANAI ROADS DIVISION PUBLIC WORKS DEPARTMENT
88:SRI NAREN CHANDRA TERANG
OFFICE OF THE CHIEF ENGINEER ROADS PUBLIC WORKS DEPARTMENT
89:SRI CHATRA TERON I
DIPHU ROAD DIVISION PUBLIC WORKS DEPARTMENT
90:SRI HITESH DAS
GUWAHATI NH DIVISION PUBLIC WORKS DEPARTMENT
91:SRI DIMBAJIT DEORY
GUWAHATI BUILDING CIRCLE I PUBLIC WORKS DEPARTMENT
92:SRI KOLOM SINGH BEY
BAKULIA ROADS DIVISION PUBLIC WORKS DEPARTMENT
93:SRI AMAL CHANDRA DEORI
DHEMAJI DISTRICT TERRITORIAL ROADS DIVISION PUBLIC WORKS
DEPARTMENT
94:SRI DILIP HAZARIKA
LAKHIMPUR NAOBOICHA AND BIHPURIA TERRITORIAL ROADS DIVISION
PUBLIC WORKS DEPARTMENT
95:SRI BHASKAR JYOTI BORA
DIBRUGARH NH CIRCLE PUBLIC WORKS DEPARTMENT
96:SRI TIRAN CHANDRA RABHA
OFFICE OF THE CHIEF ENGINEER BORDER ROADS AND NEC WORK
PUBLIC WORKS ROADS DEPARTMENT
97:SRI AJIT HOJAI
HAFLONG NEC CIRCLE PUBLIC WORKS ROADS DEPARTMENT
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98:SRI SANJIB KUMAR ROY
ABHAYAPURI CONSTRUCTION DIVISION PUBLIC WORKS ROADS
DEPARTMENT
99:JAYANTA KUMAR GOSWAMI
ASSISTANT EXECUTIVE ENGINEER C PWRD MORIGAON TERRITORIAL
ROAD SUB DIVISION DISTRICT MORIGAON ASSAM
------------
Advocate for : NAMRATA MAHANTA
Advocate for : SC
PWD appearing for THE STATE OF ASSAM AND ORS
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
10.03.2025
Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. R. M. Deka,
learned counsel appearing for the writ petitioner. Also heard Mr. P. Nayak,
learned Standing Counsel, PWD, Assam appearing for the respondent Nos.1
and 2. Mr. B. D. Konwar, learned senior counsel assisted by Ms. S. Jain, learned
counsel has appeared for the private respondents, who submits that
vokalatanama on behalf of all the private respondents save and except
respondent Nos.93 and 99, have already been filed in this case by his instructing
counsel. Contending that the respondent No.93 has already retired from service
and the respondent No.99 being a B.E. degree holder, his case stands on a
different footing, Mr. Konwar has submitted that this matter can be treated to
be ready as regards service.
Having regard to the nature of issues involved in this case, this Court is also of
the opinion that the representation of the private respondents by Mr. B. D.
Konwar would be sufficient representation of the interest of the respondent
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Nos.93 and 99, if any, and therefore, in view of the urgency involved in the
matter, this writ petition can proceed on such basis.
Mr. K. N. Choudhury, learned senior counsel appearing for the writ petitioner,
prays for an interim order by contending that pursuant to the Cabinet decision
taken on 03.01.2025 and the subsequent order dated 03.03.2025 notifying the
grant of one time relaxation under Rule 12(3)(a) and 12(a)(ii) of the Assam
Engineering (PWD) Service Rules, 1978 there is strong likelihood of the authorities
proceeding with the promotional exercise thus extending undue benefit to the
private respondents. Hence, an interim order of stay is called for in this case.
The said prayer of the petitioner has been strongly opposed by the
respondents’ counsel by submitted that the promotional exercise, even if
initiated will take some time. Therefore, instead of issuing an interim order, the
writ petition itself be heard and disposed of expeditiously.
Taking note of the submissions of both the sides and in view of the facts and
circumstances of the present case, the writ petition is directed to be listed,
along with the I.A. for admission hearing, as a fixed item, on the top of the list of
Admission items, on 20.03.2025. An attempt would be made to dispose of the
writ petition at the stage of admission hearing. It is, however, made clear that if
for any reason the writ petition is not finally heard on that day, the prayer for
grant of interim relief can be renewed by the petitioner’s counsel.
Parties to come prepared accordingly.
JUDGE
Comparing Assistant
