Court Allows Miscellaneous Case and Delinks Writ Petition from Writ Appeal. Court Orders Listing of Petition Before Single Bench as per Roster.

High Court: Gauhati High Court
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Case Note & Summary

The judgment pertained to Miscellaneous Case No. 1388/2011, where the court considered the request to delink a writ petition from a writ appeal. The case involved WP (C) 5582/2008, which was sought to be separated from WA 300/2007. The court, presided over by Chief Justice Mr. A.K. Goel and Justices Hrishikesh Roy and A.C. Upadhyay, allowed the miscellaneous case and directed that the writ petition be listed before a Single Bench according to the roster. The decision effectively disposed of the miscellaneous case, affirming the procedural request made by the parties involved.

Headnote

A) Procedural Law - Delinking of Cases - Allowance of Miscellaneous Case - Not Applicable - The court allowed the miscellaneous case and ordered the writ petition to be delinked from the writ appeal, directing it to be listed before a Single Bench as per the roster. Held that the procedural request was justified (Paras Not mentioned).

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Issue of Consideration

Whether the petition should be delinked from the writ appeal and listed before a Single Bench.

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Final Decision

The court allowed the miscellaneous case and ordered the writ petition to be delinked from the writ appeal, directing it to be listed before a Single Bench.

Law Points

  • Delinking of cases
  • Listing before Single Bench
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Case Details

MC 1388/2011

2012-02-01

A.K. Goel, Hrishikesh Roy, A.C. Upadhyay

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Nature of Litigation

Miscellaneous case regarding procedural request.

Remedy Sought

Delinking of writ petition from writ appeal.

Issues

Delinking of cases Listing before Single Bench

Submissions/Arguments

Request for delinking Listing as per roster

Ratio Decidendi

The court upheld the procedural request for delinking the writ petition from the writ appeal and directed appropriate listing.

Judgment Excerpts

Misc Case No.1388/2011 is allowed. Let this petition be listed before Single Bench as prayed, as per roster.

Procedural History

Misc Case No.1388/2011 was filed to seek delinking of WP (C) 5582/2008 from WA 300/2007.

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