GAHC010201412024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5171/2024 MD. RAHMAT ALI AND ANR SON OF LATE CHAND MOHAMMAD, R/O- SONARI TOWN, WARD NO. 5, P.S.- SONARI, DIST. CHARAIDEO, ASSAM, PIN- 785609.

2: SHAUKAT ALI SON OF LATE CHAND MOHAMMAD R/O- SONARI TOWN WARD NO. 5 P.S.- SONARI DIST.- CHARAIDEO ASSAM PIN- 785609 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, MUNICIPAL ADMINISTRATION DEPARTMENT, ASSAM, DISPUR, GUWAHATI- 781006.

2:THE DEPUTY COMMISSIONER CHARAIDEO DIST.- CHARAIDEO ASSAM PIN- 785690.

3:SONARI MUNICIPAL BOARD SONARI REPRESENTED BY ITS CHAIRMAN DIST.- CHARAIDEO ASSAM PIN- 785690.

4:THE EXECUTIVE OFFICER SONARI MUNICIPAL BOARD SONARI DIST.- CHARAIDEO ASSAM PIN- 785690 Advocate for the Petitioner : MR H R A CHOUDHURY, B DAS,MR. A M AHMED Advocate for the Respondent : GA, ASSAM, BEFORE DEPUTY REGISTRAR (BENCH) - MR. SAPTARSHI DAS

ORDER

Date : 17.03.2026 Case taken up before the Lawazima Court. None appears on behalf of the petitioners.

Perused the records.

A perusal of the instant case record reveals that the notice was issued to the respondent Nos. 3 & 4 by way of registered post with A/D mode on 14.10.2024.

Now, in respect of the above mentioned notice issued to the respondent Nos. 3 & 4, this Lawazima Court has observed as follows:–

(i) The A/D card (at Flag-‘AD’ in the Part-III file) of respondent No. 3 has been received bearing the purported signature and the official seal of the said respondent. As such, it may be said that service of notice upon the respondent No. 3 has been completed.

(ii) Further, in regard to the notice issued to the respondent No. 4, it appears that neither the A/D card nor any un-served notice has been received by the registry till date. Additionally, it appears that the postal track consignment report regarding the said notice is not presently available at the Indian Post Website.

From the observations made above, it may be discerned that a substantial amount of time has elapsed since the last notice was issued to the respondent No. 4. Therefore, this Lawazima Court is of the view that fresh steps shall be taken by the petitioners for effective service of notice upon the said respondent.

In view of the above, the petitioners are directed to take fresh steps for service of notice upon the respondent No. 4 by way of speed post mode [in terms of the Notification No. 85 dated 15^th October, 2025 (at Flag-‘N’)], within 7 (seven) days from the date of this order.

Let the matter be listed before the Lawazima Court again in the fourth week of April, 2026.

Deputy Registrar (Bench)

Comparing Assistant