Gauhati High Court
WP(C)/5316/2025 of MANABI BALA DAS AND ANR Vs THE STATE OF ASSAM AND 6 ORS on 25 August 2026
GAHC010197912025 2026:GAU-AS:12315 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5316/2025 MANABI BALA DAS AND ANR W/O- LATE BISWAJIT DAS, D/O- LATE AKUL CHANDRA DAS, R/O- FAKIRANIJA PART-I, P.O. BARKANDA (NAYAHAT), P.S. BILASIPARA, DIST.
GAHC010197912025
2026:GAU-AS:12315
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5316/2025
MANABI BALA DAS AND ANR
W/O- LATE BISWAJIT DAS, D/O- LATE AKUL CHANDRA DAS, R/O- FAKIRANIJA PART-I, P.O. BARKANDA (NAYAHAT), P.S. BILASIPARA, DIST.
DHUBRI, ASSAM, PIN- 783348.
2: DHEEKHSITA DAS
D/O- LATE BISWAJIT DAS
R/O- FAKIRANIJA PART-I
P.O. BARKANDA (NAYAHAT)
P.S. BILASIPARA
ASSAM
PIN- 783348
TO BE REPRESENTED HEREIN BY THE PETITIONER NO. 1 (I.E. HER
MOTHER) BEING SHE IS A MINOR)
VERSUS
THE STATE OF ASSAM AND 6 ORS
TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE CHIEF ENGINEER
DEPARTMENT OF IRRIGATION
CHANDMARI
GUWAHATI-781003
DIST. KAMRUP METRO
ASSAM
3:THE DIRECTORATE OF PENSION AND PUBLIC GRIEVANCES
REPRESENTED BY ITS DIRECTOR
HOUSEFED COMPLEX
DISPUR
GUWAHATI-781006
DIST. KAMRUP METRO
ASSAM
4:THE ACCOUNTANT GENERAL (A AND E)
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-781106
DIST. KAMRUP METRO
ASSAM
5:THE TREASURY OFFICER
DHUBRI TREASURY OFFICE
DHUBRI
DIST. DHUBRI
ASSAM
PIN- 783301.
6:THE EXECUTIVE ENGINEER
DEPARTMENT OF IRRIGATION
DHUBRI DIVISION
GAURIPUR
DIST. DHUBRI
ASSAM
PIN- 783331.
7:SMTI NIHITA DAS
D/O- LATE BISWAJIT DAS
C/O- DILIP SARKAR
R/O- VILL.- KHALILPUR (AMBAGAN)
P.O. KHALILPUR
P.S. AND DIST. DHUBRI
ASSAM
PIN- 783325
Advocate for the Petitioner : MR. M K SARMA, MS. S S SAIKIA,MR G DAS
Advocate for the Respondent : GA, ASSAM, MD I H LASKAR (R-7),MR. M AHMED(R-7),SC, IRRIGATION,SC, FINANCE,SC, AG
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 26.08.2026
Heard Ms. S. S. Saikia, learned counsel appearing for the petitioner. Also heard Ms. D. S. Neog, learned Standing Counsel, Irrigation Department, appearing for the respondent Nos. 1, 2 and 6, Ms. A. Sharma, learned counsel appearing on behalf of Mr. B. Chakraborty, learned counsel for the respondent No. 4, Mr. M. Ahmed, learned counsel appearing for the respondent No. 7.
2. By way of the present writ petition filed under Article 226 of the Constitution of India, petitioner No. 1, being the second wife of Late Biswajit Das, who died in harness on 13.10.2023, along with petitioner No. 2, their minor daughter, claims an equal proportionate share, along with respondent No. 7, the daughter of Late Biswajit Das from his first wife, who has also since expired, in the pensionary and other retiral benefits payable in respect of Late Biswajit Das.
3. On 26.03.2026, having considered the issue involved in the present writ petition, this Court referred the matter to the Gauhati High Court Mediation Centre, with a view to enabling the parties to explore the possibility of an amicable settlement.
4. Today, when the matter is taken up, learned counsel appearing for the parties submit that the dispute has been amicably resolved before the learned Mediator in the aforesaid mediation proceedings. The mediation report, along with the Settlement Agreement arrived at between the parties, is available on record. The relevant portion of the mediation report reads as under: “Dear Sir/Madam, Pursuant to the order of referral, the above-mentioned matter was referred to mediation, vide Mediation Case no. 143/2026 in W.P.(C) No. 5316/2025. The said matter was allotted to me to make an attempt for an amicable settlement by way of mediation. Accordingly, mediation took place between the parties hereto on
14.05.2026 and on other subsequent dates. The parties attended the mediation sessions, along with their respective counsels. Finally, the matter was settled amicably between the parties hereto, viz Petitioners and Respondent No. 7, by way of mediation, and thereafter they have put their respective signatures on the Mediation Settlement Agreement dated 29.06.2026 in the presence of their respective advocates. The original copy of the Settlement Agreement dated 29.06.2026 is annexed hereto. Accordingly, the mediation is reported as successfully concluded with a full settlement. The matter is respectfully returned to the Court for such orders as may be necessary in terms of the Settlement Agreement.”
5. A perusal of the mediation report and the Settlement Agreement dated 29.06.2026 reveals that the parties have amicably resolved the dispute through mediation and have executed the Settlement Agreement in the presence of their respective learned counsel.
6. In view of the settlement arrived at between the parties, nothing further survives for adjudication in the present writ petition. The writ petition is, accordingly, disposed of in terms of the settlement arrived at before the Gauhati High Court Mediation Centre.
7. The official respondents shall take necessary steps and complete the exercise as agreed to by the parties under the aforesaid Settlement Agreement within a period of one month from the date of receipt of a certified copy of this order.
8. The mediation report along with the Settlement Agreement dated 29.06.2026 shall form part of this order.
9. The writ petition stands disposed of accordingly. JUDGE Comparing Assistant