MD. HAFAZUDDIN AHMED v. THE STATE OF ASSAM AND 5 ORS
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE MANOJIT BHUYAN
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-07. MD. HAFAZUDDIN AHMED v. THE STATE OF ASSAM AND 5 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010162962020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4829/2020 MD. HAFAZUDDIN AHMED S/O- LT. JALALUDDIN AHMED, R/O- H. NO. 109 DEKA BARBARUA ALI DUI ALI MAZ PATHAR, P. O. SIVASAGAR, P. S. SIVASAGAR, DIST. - SIVASAGAR, ASSAM, PIN- 785640 VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, FINANCE DEPTT. , DISPUR, GHY-06 2:THE SR. ACCOUNTS OFFICER O/O THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GHY-29 3:THE DY. COMMISSIONER OF SIVASAGAR DISTRICT SIVASAGAR P. O. SIVASAGAR P. S. SIVASAGAR DIST. - SIVASAGAR PIN- 785640 4:THE ADDL. DY. COMMISSIONER (REVENUE) SIVASAGAR P. O. SIVASAGAR P. S. SIVASAGAR DIST. - SIVASAGAR PIN- 785640 Page No. # 2/3 5:THE CIRCLE OFFICER DEMOW REVENUE CIRCLE DEMOW P. O. DEMOW P. S. DEMOW DIST. - SIVASAGAR ASSAM PIN- 785662 6:THE TREASURY OFFICER SIVASAGAR P. O. SIVASAGAR P. S. SIVASAGAR DIST.
- SIVASAGAR PIN- 78564 Advocate for the Petitioner : MR. A R SHOME Advocate for the Respondent : GA, ASSAM :: BEFORE :: HON’BLE MR. JUSTICE MANOJIT BHUYAN O R D E R 07. 12. 2020 Heard Mr. A. R. Shome, learned counsel for the petitioner as well as Mr. B. Gogoi, learned counsel representing the respondent nos. 1 and 6. Mr. C. Baruah, learned counsel appears for respondent no. 2, whereas Mr. D. Nath, learned counsel appears for respondent nos. 3, 4 and 5. Having regard to the earlier order of this Court dated 19. 11. 2020 and the written instructions produced by Mr. Baruah, this writ petition does not survive for further consideration. Prayer made in the writ petition is for a direction to the respondents as to why the amount sought to be recovered from the petitioner in terms of the order dated 16. 09. 2020 Page No. # 3/3 (Annexure-12) should not be set aside. Ground assigned is that the said order cannot stand scrutiny in law in view of a restrain order of this Court dated 06. 03.
2020 passed in WP(C)/1754/2020, which was instituted by the same petitioner. Mr. Baruah has obtained instructions to say that recovery indicated in the impugned order dated 16. 09. 2020 has come in by way of an inadvertence and to overcome the same, necessary instructions have already been issued to the Treasury Officer, Sivasagar, to refrain from initiating any action for recovery. The said written instructions, so received from the Sr. Accounts Officer, Office of the st Accountant General (A&E), Assam vide letter dated 1 December, 2020, is retained as part of the records. In view of the above, the writ petition stands disposed of. JUDGE Comparing Assistant
Source: Gauhati High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.