2024 Supreme(Online)(GAU) 1863
HIGH COURT OF GAUHATI
MR. CHINMOY BARUAH, J
THE NAVODAYA VIDYALAYA SAMITI AND ANR – Appellant
Versus
SALMA SULTANA – Respondent
WP(C) / 163 / 2024
Advocates:
MRS. R S CHOWDHURY
Headnote:(A) Administrative Law - Service of Notice - The court addressed the issue of service of notice to the respondent, noting that the postal tracking report confirmed delivery on 26.02.2024, despite the absence of an A/D card or un-served notice. (Paras 1-2)
(B) Jurisdiction - The court confirmed its jurisdiction to proceed with the matter given the completed service of notice. (Paras 2)
Facts of the case:
The petitioners, represented by their advocate, filed a case against the respondent, with notice issued on 22.01.2024 and confirmed delivery on 26.02.2024.
Findings of Court:
The court found that service of notice had been duly completed, allowing the matter to proceed.
Issues: The main issue addressed was whether proper service of notice had been completed to the respondent.
Ratio Decidendi: The court held that the confirmation of delivery via postal tracking sufficed for service requirements, enabling the court to proceed with the case.
Result: The matter may be placed before the Hon’ble Court.
ORDER
Date : 28.03.2024 Page No.# 1/2 GAHC010006702024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/163/2024 THE NAVODAYA VIDYALAYA SAMITI AND ANR DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, GOVERNMENT OF INDIA, REPRESENTED BY THE COMMISSIONER, B-15, INSTITUTIONAL AREA, SECTOR-62, NOIDA, DIST- GAUTAM BUDH NAGAR, UTTAR PRADESH-201309 2: THE DEPUTY COMMISSIONER NAVODAYA VIDYALAYA SAMITI SHILLONG REGION TEMPLE ROAD BARIK POINT LACHUMIERE SHILLONG-79300 VERSUS SALMA SULTANA D/O LT. SHAMSUL HAQUE, R/O VILL-TUKRAPARA, P.O.-TUKRAPARA, DIST- KAMRUP, ASSAM, PIN-781136 Advocate for the Petitioner : MRS. R S CHOWDHURY Advocate for the Respondent :
BEFORE JOINT REGISTRAR (JUDL.) MR. CHINMOY BARUAH ORDER Date : 28.03.2024 Page No.# 2/2 Case taken up before the Lawazima Court.
Learned counsel Mr. R. Chauhan appears on behalf of the petitioners. Perused the records.
The office note dated 28.03.2024 reveals that notice was issued to the sole respondent by registered post with A/D on 22.01.2024. But till date, neither the A/D card nor the un-served notice has been received back in respect of the aforesaid respondent.
However, a perusal of the postal track consignment report available with the case record reveals that the notice in respect of the sole respondent has been delivered to the addressee on 26.02.2024. As such, service has been completed in respect of the sole respondent.
In view of the above, the matter may be placed before the Hon’ble Court.
Click Here to Read the rest of this document
Back
