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  1. Home/
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  3. Gauhati High Court/
  4. 2024/
  5. October

Constable No. 640 Amio Rajkhowa vs. the State of Assam and 3 Ors

Decided on 30 October 2024• Citation: MC/64/2024• Gauhati High Court
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                                                                   Page No.# 1/5    
        GAHC010177942024                                                            
                             THE  GAUHATI    HIGH   COURT                           
          (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL  PRADESH)           
                                  Case No. : MC/64/2024                             
                 CONSTABLE NO. 640 AMIO RAJKHOWA                                    
                 S/O- LATE TUKHESWAR RAJKHOWA, R/O- VILL HABIAL GAON, P.O-          
                 GANAK PUKHURI, P.S- GOLAGHAT, DIST- GOLAGHAT, ASSAM                
                 VERSUS                                                             
                 THE STATE OF ASSAM AND 3 ORS                                       
                 REP. BY THE COMMISSIONER TO THE GOVT OF ASSAM, HOME DEPTT,         
                 DISPUR, GUWAHATI- 6, DIST- KAMRUP(M), ASSAM                        
                 2:THE DGP                                                          
                 ASSAM                                                              
                 ULUBARI                                                            
                 GUWAHATI- 07                                                       
                 DIST- KAMRUP                                                       
                 ASSAM                                                              
                 3:THE DEPUTY INSPECTOR GENERAL OF POLICE (TRAINING)                
                 ASSAM                                                              
                 DERGAON  CUM APPELLATE AUTHORITY                                   
                 DIST- GOLAGHAT                                                     
                 ASSAM                                                              
                 4:THE COMMANDANT                                                   
                 11TH APBN                                                          
                 DERGAON                                                            
                 DIST- GOLAGHAT                                                     
                 ASSAM                                                              
                 PIN- 78562                                                         
        Advocate for the Petitioner : MR P TALUKDAR, MS A DAS                       

                                                                   Page No.# 2/5    
        Advocate for the Respondent : GA, ASSAM,                                    
                 Linked Case : WP(C)/605/2012                                       
                 CONSTABLE NO.640 AMIO RAJKHOWA                                     
                 S/O SRI TUKHESWAR RAJKHOWA                                         
                 R/O HABIAL GAON                                                    
                 P.O. GANAK PUKHURI                                                 
                 P.S. GOALGHAT                                                      
                 DIST- GOLAGHAT                                                     
                 ASSAM                                                              
                 VERSUS                                                             
                 THE STATE OF ASSAM AND ORS                                         
                 REPRESENTED BY THE COMMISSIONER TO THE GOVT. OF ASSAM              
                 HOME  DEPARTMENT                                                   
                 DISPUR                                                             
                 GHY-6                                                              
                 DIST- KAMRUP                                                       
                 ASSAM                                                              
                 2:THE DIRECTOR GENERAL OF POLICE                                   
                 ASSAM                                                              
                 ULUBARI                                                            
                 GHY-7                                                              
                 DIST- KAMRUP                                                       
                 ASSAM                                                              
                 3:THE DY. INSPECTOR GENERAL OF POLICE                              
                 ULUBARI                                                            
                 GHY-7                                                              
                 DIST- KAMRUP                                                       
                 ASSAM                                                              
                 4:THE ISPECTOR GENERAL OF POLICE T.A.P.                            
                 ASSAM                                                              
                 ULUBARI                                                            
                 GHY-7                                                              
                 DIST- KAMRUP                                                       
                 ASSAM                                                              
                 5:THE COMMANDANT                                                   

                                                                   Page No.# 3/5    
                 11TH ASSAM POLICE BATTALION                                        
                 DERGAON                                                            
                 PIN-785621                                                         
                 DIST- GOLAGHAT                                                     
                 ASSAM                                                              
                 ------------                                                       
                 Advocate for : MR.P TALUKDAR                                       
                 Advocate for : GA                                                  
                 ASSAM appearing for THE STATE OF ASSAM AND ORS                     
                 Linked Case : WP(C)/345/2020                                       
                 CONSTABLE NO. 640 AMIO RAJKHOWA                                    
                 S/O- LATE TUKHESWAR RAJKHOWA                                       
                 R/O- VILL HABIAL GAON                                              
                 P.O- GANAK PUKHURI                                                 
                 P.S- GOLAGHAT                                                      
                 DIST- GOLAGHAT                                                     
                 ASSAM                                                              
                 VERSUS                                                             
                 THE STATE OF ASSAM AND 3 ORS                                       
                 REP. BY THE COMISSIONER TO THE GOVT OF ASSAM                       
                 HOME  DEPTT                                                        
                 DISPUR                                                             
                 GUWAHATI- 6                                                        
                 DIST- KAMRUP(M)                                                    
                 ASSAM                                                              
                 2:THE DGP                                                          
                 ASSAM                                                              
                 ULUBARI                                                            
                 GUWAHATI- 07                                                       
                 DIST- KAMRUP                                                       
                 ASSAM                                                              
                 3:THE DEPUTY INSPECTOR GENERAL OF POLICE (TRAINING)                
                 ASSAM                                                              
                 DERGAON  CUM APPELLATE AUTHORITY                                   
                 DIST- GOLAGHAT                                                     
                 ASSAM                                                              
                 4:THE COMMANDANT                                                   

                                                                   Page No.# 4/5    
                 11TH APBN                                                          
                 DERGAON                                                            
                 DIST- GOLAGHAT                                                     
                 ASSAM                                                              
                 PIN- 785621                                                        
                 ------------                                                       
                 Advocate for : MR P TALUKDAR                                       
                 Advocate for : GA                                                  
                 ASSAM appearing for THE STATE OF ASSAM AND 3 ORS                   
                                       BEFORE                                       
                        HON’BLE   MR. JUSTICE   KARDAK   ETE                        
                                      O R D E R                                     
        30.10.2024                                                                  
            Heard Ms. A. Das, learned counsel for the applicant. Also heard Mr. A. Chakraborty,
        learned State counsel for the opposite party/respondents.                   
            This is an application for restoration of WP(C) 345/2020, which was dismissed for non-
        prosecution on 25.06.2024.                                                  
            It is contended that when the matter was listed on 25.06.2024, the same has been
        escaped from the notice of the learned counsel for the petitioner. Therefore, the learned
        counsel for the petitioner has failed to appear in the matter without their being any deliberate
        intention and as such, it is prayed that the writ petition being WP(C) 345/2020 may be
        restored to file.                                                           
            Mr. A. Chakraborty, learned counsel for the respondents has no objection to the prayer
        for restoration.                                                            
            Having considered the ground that listing of the writ petition being WP(C) 345/2020 has
        escaped from the notice of the learned counsel for the applicant and the prayer for
        restoration has not been objected to by the learned counsel for the respondents, I deem it
        appropriate to allow this application. Accordingly, the writ petition being WP(C) 345/2020 be
        restored to file.                                                           

                                                                   Page No.# 5/5    
            I.A. stands allowed and disposed of.                                    
                                                JUDGE                               
        Comparing Assistant