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2024 Supreme(Online)(GAU) 1697
GAHC010243262023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6301/2023 AYNAL HOQUE AND 2 ORS S/O- LATE AKBAR ALI, VILL- SATRAKONARA SEAT NO-6, P.O- SATRAKONARA, P.S- BAGHBOR, DIST- BARPETA, ASSAM
2: ANOWAR HUSSAIN S/O- LATE HARAN ALI VILL- SATRAKONARA SEAT NO-9 P.O- SATRAKONARA P.S- BAGHBOR DIST- BARPETA ASSAM
3: AKKAS ALI AHMED S/O- LATE KARIM ALI VILL- SATRAKONARA SEAT NO-9 P.O- SATRAKONARA P.S- BAGHBOR DIST- BARPETA ASSA VERSUS THE STATE OF ASSAM AND 5 ORS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, COOPERATION DEPARTMENT DISPUR, GUWAHATI-6
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-781022
3:THE ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GUWAHATI ZONE BHANGAGARH GUWAHATI-05 ASSAM
4:THE ASISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES BARPETA ASSAM
5:DEBOJIT NATH JR. INSPECTOR/AUDITOR OF COOPERATIVE SOCIETIES C/O- ARCS BARPETA DIST- BARPETA ASSAM
6:THE SECRETARY PASCHIM MANDIA SAMABAY SAMITY LTD.
SATRAKNARA P.O- SATRAKNARA DIST.- BARPETA ASSA Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : SC, CO OP BEFORE DEPUTY REGISTRAR (BENCH) - MR. KAUSTUVMANI GOSWAMI
ORDER
Date : 10.01.2024 Case taken up before the Lawazima Court.
Learned counsel Mr. A.M. Khan appears on behalf of the petitioners.
Perused the records.
The office note dated 08.01.2024 reveals that the previous Lawazima Court vide its order dated 14.12.2023 had directed the petitioner to file the affidavit regarding service of dasti notice upon the respondents.
In pursuant to the Lawazima Court order dated 14.12.2023, the petitioner has filed an affidavit regarding service of Dasti notice upon the respondents. Now, a perusal of the said affidavit reveals that the respondent No. 5 has refused to accept the notices. However, the notice in respect of the respondent No. 6 has been duly served upon the said respondent in the presence of two nos. of witnesses. As such, service is complete in respect of the respondent No. 6.
Further, it may be mentioned that, in the aforesaid Lawazima order dated 14.12.2023, it has been observed that the notice in respect of the respondent No. 5 has been delivered to the addressee on 16.11.2023, as reflected in the postal track consignment report (placed at flag-‘Q’) available with the case records. As such, service was treated to be complete qua the respondent No. 5 by the said Lawazima order dated 14.12.2023.
In view of the above, the matter may be placed before the Hon’ble Court.
Deputy Registrar (Bench)
Comparing Assistant Order downloaded on 21-07-2024 04:02:04 AM
