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2022 Supreme(Online)(GAU) 390
GAHC010115702022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4037/2022 ASSAM MOJURI SHRAMIK UNION AND ANR REP. HEREIN BY ITS GENERAL SECRETARY, ASSAM STATE COMMITTEE-
SRI MRINAL KANTI SHOME.
2: MRINAL KANTI SHOME GENERAL SECRETARY ASOM MOJURI SHRAMIK UNION ASSAM STATE COMMITTEE S/O. LT. MAKHAN LALA SHOME R/O. FLAT NO.D-1/5 C DEVAS TOWNSHIP CHANDMARI ROAD TARAPUR P.O. TARAPUR P.S. SILCHAR PIN-788003 DIST. CACHAR ASSAM VERSUS THE UNION OF INDIA AND 8 ORS REP. BY THE SECREETARY TO THE MINISTRY OF CIVIL AVIATION, GOVT.
OF INDIA, B-BLOCK, RAJIV GANDHI BHAWAN, SATDARJUNG AIRPORT, NEW DELHI-110003.
2:THE AIRPORT AUTHORITY OF INDIA REP. BY ITS DIRECTOR B-BLOCK RAJIV GANDHI BHAWAN SATDARJUNG AIRPORT NEW DELHI-110003.
3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM REVENUE DEPTT.
DISPUR GUWAHATI-781006 ASSAM.
4:THE DEPUTY COMMISSIONER CACHAR DISTRICT ASSAM.
5:THE CIRCLE OFFICER CUM COLLECTOR LAND AZQUISITION BRANCH CACHAR SILCHAR DIST. CACHAR ASSAM.
6:DOLOO TEA COMPANY INDIA LTD.
DOLOO TEA ESTATE SILCHAR P.O. DOLU DIST. CACHAR SILCHAR ASSAM PIN-788111.
7:BARAK CHA UNION REP. BY ITS GENERAL SECRETARY MR. AJIT SINGH HAVING ITS REGD. OFFICE AT SADAR GHAT SILCHAR.
8:AKHIL BHARATIYA CHAH MAZDOOR SANGHA REP. BY ITS PRESIDENT MR. CHUNILAL BHATTACHARJEE HAVING ITS REGD. OFFICE AT SAHID BHAVAN MALUGRAM SILCHAR-02.
9:BARAK VALLEY CHAH MAZDOOR SINGHA (AFFILIATED TO BHARATIYA MAZDOOR SANGHA) REP. BY ITS GENERAL SECRETARY BMS RAJIB KUMAR NATH HAVING ITS REGD. OFFICE AT BANIPARA NEAR CAPITAL TRAVEL CLUB ROAD SILCHAR-01 Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : ASSTT.S.G.I.
BEFORE JOINT REGISTRAR (JUDL.)- MR. ARUP JYOTI BAISHYA
ORDER
Date : 04.11.2022 Case taken up before the Lawazima Court.
Learned counsel Ms. P Borah appears for the petitioners.
Learned counsels Mr G. Khandelia and Mr. AR Sikdar appear for the respondent No. 6 and respondent No. 8 respectively.
Perused the records.
The office note dated 03.11.2022 reveals that notice was issued to the respondent Nos.
2, 7, 8 & 9 by registered post with A/D on 16.07.2022.
Learned counsels have appeared on behalf of the respondent Nos. 2 & 8 by filing Vakalatnamas. As such, service is deemed to be completed in respect of the said respondents (respondent Nos. 2 & 8).
In respect of the respondent No. 7, neither the A/D card nor the un-served notice has been received back.
Now a perusal of the postal journal available with the case record reveals that notice was issued to the respondent No. 7 in the address as mentioned in the cause title of the petition and as more than 30 days have been passed since issuance of the notice; hence, in view of Section 27 of General Clauses Act 1897 read with Order 5, Rule 9, Sub.Rule 5 (proviso) of the CPC, notice may be deemed to have been served upon the said respondent (respondent No. 7).
Further, in respect of the respondent No. 9, un-served notice has been received back with postal remark “Addressee door always locked”.
Considering the postal remark received against respondent No. 9, the matter may be placed before the Hon’ble Court.
Furthermore, in respect of the respondent No. 1, learned counsel for the petitioner present today submits that notice has been served upon the said respondent and submits an acceptance notice regarding the same. As per the said acceptance notice, learned standing counsel for the respondent No.1 have accepted notice on behalf of the said respondent. As such, service is deemed to be completed in respect of the respondent No. 1.
Learned counsel for the respondent No. 6 present today submits that the extra copies of the instant writ petition have not been received by the respondent till date despite the direction of the Hon’ble Court vide its order dated 22.06.2022.
Accordingly, the petitioners are directed to serve the extra copies of the instant petition upon respondent No. 6.
Since, it appears that mention has been allowed by the Hon’ble Court for listing of the matter on 09.11.2022. As such, the matter may be listed before the Hon’ble Court.
Joint Registrar (Judicial)
Comparing Assistant
