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2024 Supreme(Gau) 723

SANJAY KUMAR MEDHI
Nur Mohal Begum W/o Late Abdul Baten Sk. – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.C. Biswas.
For the Respondents: N. Upadhyay, C. Baruah.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Shri S.C. Biswas, learned counsel for the petitioner. Also heard Shri N. Upadhyay, learned counsel appearing for the respondent nos. 1, 2 & 3 and Shri C. Baruah, learned Standing Counsel, Accountant General.

2. This is another glaring example of gross abuse of the process of the Court by means of this petition stated to have been filed under Article 226 of the Constitution of India.

3. At the outset, this Court reminds itself that the powers under Article 226 of the Constitution of India are a power of equity wherein the conduct of the parties are of paramount importance. It is unfortunate to observe that in this case, it is not only the conduct of the party but also the conduct of the counsel for the petitioner which are in serious doubt and lack bona-fide.

4. Bereft of details, the facts projected in this writ petition is that the husband of the petitioner Abdul Baten Sk. was a Khalasi (Grade-IV employee) in the establishment of the Irrigation Department posted at Mankachar. The husband had passed away on 17.07.2011 leaving behind the petitioner and 9 children. The petitioner claims to have applied for family pension on the strength of being

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