Gauhati High Court
WP(C)/4314/2024 of SUKDEB MAZUMDER Vs UNION OF INDIA AND 5 ORS on 21 September 2026
GAHC010287262023 2026:GAU- AS:13977-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4314/2024 SUKDEB MAZUMDER S/O LATE CHANDRA KUMAR MAZUMDER R/O VILL- KHRING KHRING P.S. KAKI, DIST. HOJAI, ASSAM VERSUS UNION OF INDIA AND 5 ORS
GAHC010287262023
2026:GAU-
AS:13977-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4314/2024
SUKDEB MAZUMDER
S/O LATE CHANDRA KUMAR MAZUMDER
R/O VILL- KHRING KHRING
P.S. KAKI,
DIST. HOJAI, ASSAM
VERSUS
UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW
DELHI.
2:STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
HOME DEPARTMENT
ASSAM SECRETARIAT
DISPUR
GUWAHATI-781006
3:ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001
4:OFFICE OF THE STATE COORDINATOR OF NRC
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI-781005
KAMRUP (M)
ASSAM
5:DEPUTY COMMISSIONER
NAGAON
P.O.
P.S. AND DIST. HOJAI
ASSAM
6:SUPERINTENDENT OF POLICE (B)
HOJAI
P.O.
P.S. AND DIST. HOJAI
ASSA
Advocate for the Petitioner : MR. R PHUKAN, Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
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ORDER
22.09.2026 (K.R. Surana, J) Heard Mr. R. Phukan, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC; Mr. N. Kalita appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Sr. Govt. Advocate for respondents.
2. In the course of the hearing, it has been noticed that in the first
Judge's copy, the affidavit has been sworn by one Kanak Mazumdar, who is the son of the petitioner. However, in the second Judge's copy, the affidavit in support of the writ petition is in the name of Sukdeb Mazumder but the affidavit has been signed by Kanak Mazumdar, son of the petitioner. Therefore, as the affidavits in support of the writ petition are different in the two copies of the writ petition, the learned counsel for the petitioner prays for withdrawal of this writ petition and to file it afresh.
3. The prayer is allowed.
4. The writ petition stands dismissed on withdrawal, with liberty as prayed for.
5. The Registry shall retain the Tribunal’s records for a period of 30(thirty) days from the date of the order. If a fresh writ petition is not filed by the petitioner, the Tribunal’s records may be returned thereafter.
JUDGE JUDGE Comparing Assistant