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Guwahati Court May 2004 Judgments

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May 05 2004

Sri Rohit Newar and ors. Etc. Vs. State of Assam and ors.

Court: Guwahati

Decided on: May-05-2004

B.K. Sharma, J. 1. All the four writ petitions pose common questions of law on same set of facts and thus taken up for a common judgment and order. The core issue involved in all the three writ petitions is whether 'River Silt' can be said to be 'Minor Mineral' or can be said to be 'ordinary clay' as defined in Assam Minor Mineral Concession Rule, 1994 for the purpose of levying royalty by the State Government.2. According to the averments made in the writ petitions, the petitioners are carrying of the business of transportation of 'Brahmaputra River Silt' to various destinations located within the territorial jurisdiction of the Guwahati city for the purpose of earning their livelihood. According to them, they collect/extract 'River Silt' from Pahikhaiti, Chunsali, Dompara etc. in and around greater Gauhati and transport the same to various destinations by their own trucks which are used for the purpose of earth feeling. Their grievance is that the Government of Assam in the forest d...


May 05 2004

Nalini Kanta Sharma Vs. State of Assam and ors.

Court: Guwahati

Decided on: May-05-2004

P.G. Agarwal, J. 1. This writ petition under Article 226 of the Constitution has been filed by the petitioner Sri Nalini Kanta Sarma challenging, the judgment and order passed by the Assam Administrate Tribunal on 27.3.2001 in case No. 69 ATA/2000. 2. The case of the petitioner is that he joined Haribhanga High Schoolas a graduate teacher on 25.6.79. The said school was provincialised in the year 1977. The respondent No. 5 Shi Akshay Thakuria on the other hand was serving as a teacher at Jalkhana Bhatuakhana High School since 7.11.1975 at a fixed salary of Rs. 120 per month. The said school was provincialised on 23.2.1980 and the service of the respondent was also regularized from that date. The respondent, thereafter, got himself transferred to Haribhanga High School in the year 1990 and since then he is working as assistant teacher in the said school. When the post of the Assistant Head Master at Haribhanga fell vacant in 1999, the petitioner as well as respondent No. 5 participate...


May 05 2004

Nripendra Narayan Mahanta Vs. State of Assam and ors.

Court: Guwahati

Decided on: May-05-2004

B.K. Sharma, J.1. Both the writ petitions have been filed assailing the legality and validity of the impugned order dated 17.9.2003 passed by the Registrar, Cooperative Societies, Assam refusing to accord approval to the proceedings of Annual General Meeting of Guwahati Co-operative Urban Bank held on 24.5.2003 and consequential appointment of the Assistant Registrar of Co-operative Societies, Guwahati as the One Man Ad hoc Committee to manage the affairs and to perform the function of the Managing Committee of the said Bank till such time a new Managing Committees is elected or formed. Further it has been prayed for issuance of the direction towards approval of the proceedings of the Annual General Meeting in question.2. The first writ petition has been filed by the petitioner projecting himself to be the Chairman of the elected Board of directors of the bank which has since been dissolved by the impugned order. The writ petition has been filed allegedly on behalf of the writ petitio...


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