Back
2025 Supreme(Online)(Gau) 7845
GAUHATI HIGH COURT
MR. SAPTARSHI DAS, J
RATHINDRA BARMAN – Appellant
Versus
THE STATE OF ASSAM – Respondent
WP(C)/963/2022
For the Appellants/Petitioners: MR. CHARAN DEKA, MR. L DEKA
For the Respondents: SC, BTC, SC, P H E
Procedural compliance is essential in legal proceedings; failure to serve notices can impede the judicial process.
Headnote:(A) Assam Public Services (Regulation of Appointment of Class III and Class IV Posts) Act, 2016 - Fresh steps for service of notice - The petitioner directed to take fresh steps to serve notices within a specified timeframe, underlining procedural obligations in legal proceedings. (Paras 3, 4)
(B) Legal Procedure - Notice issuance and service of process - Highlighting the importance of proper service in legal proceedings to ensure fairness and adherence to due process. (Paras 2, 3)
Facts of the case:
The petitioner sought relief against the State and related officials regarding matters of service. Notice had previously been attempted, but presumed served notices were not recorded, leading to procedural delays.
Findings of Court:
The petitioner is directed to ensure service of notices within a set timeframe, failing which further measures will be taken.
Issues: The court addressed compliance with prior orders for notice service and the necessity for the petitioner to fulfill procedural obligations.
Ratio Decidendi: The court emphasized that adherence to service procedures is crucial to the judicial process and directed compliance to avoid further complications.
Result: The matter will be placed before the Hon’ble Court should compliance fail.
ORDER
Date : 21.08.2025 Case taken up before the Lawazima Court.
Learned counsel Mr. Charan Deka appears on behalf of the petitioner. Heard.
Perused the records.
The case record of the instant matter has been carefully perused and upon such perusal, it has been observed that the preceding Lawazima Court vide its order dated 19.06.2025 had observed that notice was issued to the respondent No. 8, 9 & 10 on 08.06.2022. But presumption of service of the said notice could not be drawn due to the fact that neither the A/D cards nor any un-served notices were received.
Considering the abovementioned facts, the aforesaid Lawazima Court vide order dated
19.06.2025 had directed the petitioner to take fresh steps for service of notice upon the respondent Nos. 8, 9 & 10 by registered post with A/D, within 7 (seven) days.
However, perusal of the recent office note dated 21.08.2025 reveals that the petitioner has not yet complied with the aforesaid directions of the Lawazima Court.
Now, in respect to the aforesaid, learned counsel Mr. Charan Deka appearing on behalf of the petitioner before the Lawazima Court today submitted that the petitioner has previously taken fresh steps for service of notice upon the respondent Nos. 8, 9 & 10 on two occasions in the year 2022 and taking fresh steps again for third time may not serve any purpose. Hence, the learned counsel has prayed for the matter to be placed before the Hon’ble Court Taking into consideration the observations made above and the submissions made be the learned counsel for the petitioner, this Lawazima Court hereby directs the petitioner to take fresh steps for service of notice upon the respondent Nos. 8, 9 & 10 by registered post with A/D, within one week from today, failing which, the A.O.(J) of concerned section is directed to take necessary steps for placing the matter before the Hon’ble Court.
Deputy Registrar (Bench)
