DIPENDRA ADHIKARI and 7 ORS. v. THE STATE OF ASSAM AND 3 ORS
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-11-29. DIPENDRA ADHIKARI and 7 ORS. v. THE STATE OF ASSAM AND 3 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/4 GAHC010125902015 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7995/2015 DIPENDRA ADHIKARI and 7 ORS. S/O LT. SRI UPENDRA ADHIKARI and LT. SMT. CHINMOYEE ADHIKARI AND GRAND SON OF LT. SRI RADHIKA NANDA CHOUDHURY and LT. SMT. SAROJ KUMARI CHOUDHURY, R/O H/NO. 129, ADHIKARI HOUSE, CHINMOYEE ADHIKARI PATH, BYE LANE NO. 4, GOPINATH NAGAR, GHY- 16, DIST- KAMRUP METRO, ASSAM 2: RAJIB CHERAIN S/O LATE DR. PREM JOHN CHERIAN AND LATE DR. RAMALA ADHIKARI (CHERIAN) AND GRAND SONS AND DAUGHTER OF LATE SRI UPENDRA ADHIKARI AND LATE CHINMOYEE ADHIKARI AND GREAT GRAND-SONS OF LATE RADHIKA NANDA CHOUDHURY AND LATE SMT. SAROJ KUMARI CHODHURI 3: SANDEEP CHERIAN S/O LATE DR. PREM JOHN CHERIAN AND LATE DR. RAMALA ADHIKARI (CHERIAN) AND GRAND SONS AND DAUGHTER OF LATE SRI UPENDRA ADHIKARI AND LATE CHINMOYEE ADHIKARI AND GREAT GRAND-SONS OF LATE RADHIKA NANDA CHOUDHURY AND LATE SMT. SAROJ KUMARI CHODHURI 4: GAYATRI CHERIAN D/O LATE DR.
PREM JOHN CHERIAN AND LATE DR. RAMALA ADHIKARI (CHERIAN) AND GRAND SONS AND DAUGHTER OF LATE SRI UPENDRA ADHIKARI AND LATE CHINMOYEE ADHIKARI AND GREAT GRAND-SONS OF LATE RADHIKA NANDA CHOUDHURY AND LATE SMT. SAROJ KUMARI CHODHURI 5. 1: ON THE DEATH OF MANIKA ADHIKARI HER LEGAL HEIRS MRS. BANASHREE BOSE BANERJEE W/O SRI CHAMPAK BANERJEE GOPINATH NAGAR Page No. # 2/4 129 ADHIKARI HOUSE GUWAHATI-781016 DIST KAMRUP(M) ASSAM 5. 2: MRS. JAYASHREE BOSE DAS W/O SRI AVINANDAN DAS GOPINATH NAGAR 129 ADHIKARI HOUSE GUWAHATI-781016 DIST KAMRUP(M) ASSAM 6: NAMITA ADHIKARI W/O LATE JOTIRMOY KAKATI DAUGHTER OF LATE SRI UPENDRA ADHIKARI AND LATE SMT. CHINMOYEE ADHIKARI AND GRAND DAUGHTER OF LATE SRI RADHIKA NANDA CHOUDHURY AND LATE SMT. SAROJ KUMARI CHOUDHURY 7: MRS. ANIMA ADHIKARI W/O MR. PALLAB BOSE D/O LATE SRI UPENDRA ADHIKARI AND LATE SMT. CHINMOYEE ADHIKARI AND GRAND DAUGHTER OF LATE SRI RADHIKA NANDA CHOUDHURY AND LATE SMT. SAROJ KUMARI CHOUDHURY NOS.
2 TO 6 AT PRESENT RESIDENTS OF NEAR ISKON MANDIR ULUBARI GUWAHATI 781007 BEING REPRESENTED BY APPLICANT NO. 1 SRI DIPENDRA ADHIKARI BEING POWER OF ATTORNEY HOLDE VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, REVENUE DEPTT. , DISPUR, GHY-6 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 781006 3:THE REGISTRAR GENERAL OF THE HONBLE GAUHATI HIGH COURT MAHATMA GANDHI ROAD GUWAHATI 781001 4:THE DEPUTY COMMISSIONER CUM LAND ACQUISITION OFFICER KAMRUP (M) Page No. # 3/4 MAHATMA GANDHI ROAD PANBAZAR GUWAHATI 78100 For the Petitioner(s) : None appears. For the Respondent(s) : Ms. M. Barman, Jr. Government Advocate : Mr. R. Borpujari, SC, Revenue Department : Mr. T. J. Mahanta, Sr. Advocate, GHC BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 29. 11. 2024 None appears on behalf of the Petitioners on call. 2. Heard Mr. R.
Borpujari, the learned Standing counsel appearing on behalf of the Revenue Department, Government of Assam and Mr. T. J. Mahanta, the learned Sr. Advocate who appears on behalf of the Gauhati High Court. I have also heard Ms. M. Barman, the learned Jr. Government Advocate appearing on behalf of the District Administration. 3. The case of the Petitioners herein is that a writ of mandamus has been issued directing the Respondent Authorities to make payment of the compensation to the Petitioners. 4. It is seen that an affidavit has been filed by the Revenue Department on 03. 04. 2023 wherein it has been categorically mentioned that no land of the Petitioners have been acquired for construction of the Judges’ Quarter at Kharguli. It is further seen that there is no rebuttal to the same. Page No. # 4/4 5. Under such circumstances, it seems that the Petitioners have lost interest in the instant proceedings and as such, none has appeared for the Petitioners. 6.
Taking into account the above, this Court therefore closes the instant writ petition on the ground of non-prosecution. JUDGE Comparing Assistant
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