##PAGE1##

Page No.# 1/3

GAHC010078042026

undefined

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2173/2026

KAMRUL HOQUE BARBHUIYA ALIAS KAMRUL ISLAM BARBHUIYA AND 3

ORS

S/O HUSSAIN ALI BARBHUIYA, R/O VILL. NITAINAGAR, PART II,

P.O.NITAINAGAR, P.S. AND DIST. HAILAKANDI, ASSAM, PIN 788155

2: RAHMAT ALI LASKAR

SON OF LATE ABDUL MANNAF LASKAR RESIDENT OF VILLAGE-

BORJURAI

P.O.- BOALIPAR BAZAR

P.S. AND DISTRICT- HAILAKANDI (ASSAM)

PIN- 788155

3: MOZIJUL HOQUE CHOUDHURY

S/O- LATE ABDUL MATLIB CHOUDHURY

RESIDENT OF VILLAGE- BASHDAHAR PART-I

P.O.- KUCHILA BAZAR

P.S. AND DISTRICT- HAILAKANDI (ASSAM)

PIN- 788151

4: ABUJAHAR MAZUMDER

SON OF ABDUS SALAM MAZUMDER

RESIDENT OF VILLAGE- KANCHANPUR

PART-II

P.O.- KANCHANPUR

P.S. AND DISTRICT- HAILAKANDI (ASSAM)

PIN- 78815

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, HOME (A) DEPARTMENT, DISPUR, GUWAHATI 6

2:THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT

Page No.# 2/3

GENERAL OF HOME GUARDS

ASSAM

BELTOLA

GUWAHATI- 28

3:THE INSPECTOR GENERAL OF POLICE (SR)

ASSAM

SILCHAR

DIISTRICT- CACHAR

PIN- 788001

4:THE SUPERINTENDENT OF POLICE

HAILAKANDI

ASSAM

PIN- 788151

5:THE DISTRICT COMMANDANT

HOME GUARDS

CACHAR

SILCHAR

PIN- 78800

Advocate for the Petitioner : MR. B U LASKAR,

Advocate for the Respondent : GA, ASSAM,

Page No.# 3/3

BEFORE

HONOURABLE MR. JUSTICE BUDI HABUNG

ORDER

27.04.2026

Heard Mr. B. U. Laskar, learned counsel for the petitioners. Also heard Mr. C. K.

S. Baruah, learned Government Advocate for the State respondents, who prays for

some time to obtain instructions.

2. By filing this writ petition, the petitioners has challenged the office letter vide

Memo No. HKD/R/2023/28 dated 12.06.2023, whereby the present petitioners have

been identified as defaulter Home Guards, and also the office letter No. HKD/R/2024,

whereby they have been shown as discharged from duty on dated 14.03.2020,

27.07.2020, and 25.01.2021, respectively, without issuing any notice.

3. Issue notice to the respondents, returnable within 4 (four) weeks.

4. Since Mr. Baruah, learned Government Advocate, has entered appearance and

accepted notice on behalf of the State respondent Nos. 1 to 5, no formal notice is

required to be issued to the said respondents. However, he shall be provided with the

requisite extra copy of the petition during the course of the day.

5. List the matter after 4 (four) weeks

6. The pendency of this writ petition shall not bar engagement of the petitioners to

perform their duties.

JUDGE

Comparing Assistant