Gauhati High Court
Shahjahan Ali vs The State Of Assam And 4 Ors on 18 August, 2025
Page No.# 1/15
GAHC010194502023
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5218/2023
SHAHJAHAN ALI
S/O LATE ABDUL SAMAD, VILL AND P.O.-DATIAL BORI, P.S.-LAHORIGHAT,
DIST- MORIGAON, ASSAM, PIN-782125
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6
2:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING (WATER) DEPARTMENT
ASSAM
HENGRABARI
GUWAHATI-36
3:THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
DHING DIVISION
NAGAON
ASSAM
PIN-782123
4:THE USERS COMMITTEE UNDER PUBLIC HEALTH ENGINEERING
DEPARTMENT OF VILL-DATIALBORI
REPRESENTED BY ITS SECRETARY
MD. REAJUL HOQUE
S/O ABDUS SUBHAN
VILL AND P.O.-DATIALBORI
PIN-782126
DIST- MORIGAON
ASSAM
Page No.# 2/15
5:MD. ELIMUL HOQUE
S/O MD SAIFUL ISLAM
VILL AND P.O.-DATIALBORI
PIN-782126
DIST-MORIGAON
ASSAM
6:THE USER'S COMMITTEE OF DATIALBORI PIPE WATER SUPPLY
SCHEME UNDER PUBLIC HEALTH ENGINEERING DEPARTMENT
REP. BY ITS SECRETARY
MD. ANISUR RAHMAN
S/O LATE ABDUL KUDDUS
VILL. AND P.O.- DATIALBORI
PIN- 782126
DIST.- MORIGAON
ASSAM
Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MS. A BEGUM,MR M H
CHOUDHURY
Advocate for the Respondent : SC, P H E, MS N HASSAN (R-6),MD. H BHUYAN (R-5),MR A
MOHAMMAD (R-5),A TALUKDAR (R-5),MS A SIDDIKA(R-4),MR. M R Z CHOUDHURY(R-4)
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
JUDGMENT
Date : 18-08-2025
Heard Ms. A. Begum, learned counsel appearing for the petitioner.
Also heard Mr. R.R. Gogoi, learned Standing counsel, PHE department.
2. By way of this writ petition under Article 226 of the Constitution of India,
the petitioner, inter alia is seeking a writ in the nature of mandamus to direct
the respondent No.1 i.e. the State of Assam represented by the Secretary to the
Government of Assam, Public Health Engineering Department, Dispur, Guwahati-
6 to engage the petitioner as Grade-IV employee permanently either at Datial
Bori Pipe Water Supply Scheme, Morigaon district Part under Dhing (PHE)
Page No.# 3/15
Division, Nagaon or in any other Pipe Water Supply Scheme under said Dhing
(PHE) Division Nagaon, Assam.
3. The brief facts of the case as stated in the writ petition is that on being
approached by the respondent authority, the father of the petitioner i.e. Late
Abdul Samad, the owner and possessor of the A-Schedule land donated a
portion i.e. 1 Bigha Schedule-B land of said land to the respondent authority
and the said authority constructed office house and run the office of Datialbori
Pipe Water Supply Scheme, Morigaon district Part under Dhing (PHE) Division,
Nagaon. It is the specific case of the writ petitioner that as per the oral
agreement, the respondent authority ought to have engaged either the father of
the petitioner or his family member to any Grade-IV post in the said scheme
under the department.
4. It is the further specific case of the writ petitioner that since the
department did not appoint or engage any of them in the said scheme and
subsequently the Schedule-B land was mutated in the name of the department,
the petitioner being the only interested eligible son of his father, represented
before the authorities for appointment.
5. It is the further specific case of the writ petitioner that in the year 2015, the
User’s Committee under the department engaged the petitioner and directed
him to work as volunteer in the said scheme and accordingly, the petitioner has
been working as such in the said scheme since 15.12.2015. However, till date,
he has not been given any remuneration for such work.
6. It is the specific grievance of the writ petitioner that the User’s Committee
illegally did not absorb the petitioner in a permanent post.
7. Ms. A. Begum, learned counsel for the petitioner submits that since the
Page No.# 4/15
User’s Committee had engaged the petitioner’s service, the petitioner is entitled
to be permanently absorbed in Grade-IV post.
8. Per-contra, Mr. R.R. Gogoi, learned Standing Counsel, PHE submits that the
petitioner having been initially engaged by a Water User Committee, which is
not an instrumentality of the State, the present writ petition is not maintainable.
9. I have heard the learned counsel appearing for the parties at length and
perused the materials available on record.
10. Paragraph 3 to 11 of the writ petition is reproduced herein below for ready
reference:-
3.That the Government of Assam, Public Health Engineering Department,
was in search of a plot of land for construction of a permanent pacca
house for the purpose of running the Datial Bori Pipe water Supply
Scheme, Morigaon District part under Dhing (PHE) Division, Nagaon,
Assam. With this end in view the said department approached the father
of the petitioner namely, Abdul Samad for that purpose. The said
department orally agreed to the father of the petitioner that if he allowed
a portion of schedule A land for the said purpose of construction then the
department would provide a job to any of his family member in the said
water supply scheme. With that oral understanding from both sides the
father of the petitioner donated a portion of A- Scheduled land measuring
1 Bigha to the said department which is described in detailed in
Schedule-B of this petition and hereinafter referred as Schedule-B Land
in short and handed over possession of the Schedule-B land to the
department and subsequently the Schedule-B land was mutated in the
name of the department.
4. That presently the value of the B- Schedule land is about 40 lakhs
Rupees.
5. That accordingly said proposed house was constructed on the
Schedule-B land but the said Department did not engage neither the
father of petitioner nor any of his family members. The petitioner being
the only eligible interested son of his father approached pillar to the post
of the department to get any Grade IV post in the said water supply
scheme under said department without in vain. In the year 2015 the
User’s Committee constituted by the village people under the department
Page No.# 5/15engaged the petitioner and asked him to work as volunteer in the said
water supply scheme. Accordingly the petitioner has been working as
such in the said scheme since 15.12.2015 till date but he was not given
any remuneration for his work till date. Another person namely, Md.
Elimul Haque son of Saiful Islam who was also engaged as volunteer and
has been working as such along with the petitioner in the said Water
Supply Scheme from the same date of engagement of the petitioner.(It is
pertinent to mention here that said Saiful Islam has been working as
Khalasi in the said water supply Scheme). The petitioner collect a list of
workers engaged by the User’s Committee, Casual Labour engaged by
the department for maintenance of Pipe water supply scheme under
Dhing (PHE) Division where the name of the petitioner placed at serial
no.2 along with said volunteer namely, Md. Elimul Haque.
6. That it is a matter of great regret that recently on the recommendation
of the said user’s committee( Responent No.4) the respondent No.3
illegally depriving the petitioner allowed Md. Elimul Haque the
respondent No.5 to work as ‘Jolmitra’ the only Grade-IV post available in
the said Scheme.
It is pertinent to mention here that the User’s Committee is a public
body only they can recommend the name of private respondent no.5 and
that recommendation is not final for regular appointment of respondent
no.5. The respondent No. 3 is to issue a formal appointment letter to the
private respondent no.5 then and then only private respondent no.5 he
will get salary from the Government. As on date the respondent No.3 has
not issue any formal order in favour of the private respondent no.5. It is
bonafidely required to direct the respondent no.3 in particular and other
official respondents in general not to issue any appointment letter to the
private respondent no.5 as ‘Jalmitra” till disposal of this writ petition
otherwise the authority may issue appointment order to private
respondent no.5 during pendency of this writ petition and in that case the
writ petition shall become infructous. The balance of convenience is tilted
in favour of the petitioner because he has better claim over the said post
on the facts and circumstances of the case.
7. That the petitioner states that he has better claim on the said post of
‘Jolmitra” then the private respondent no.5.
8. That the Schedule B land was mutated in the name of said
department as stated above. No compensation was paid to the father of
the petitioner in respect of B-Schedule land. The Schedule-B land was not
acquired by the said department under the Land Acquisition Act, 1894,
(now repeal by the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Re-settlement Act, 2013.
Page No.# 6/15
9. That the father of the petitioner died in the year 2012. After the death
of his father also the petitioner times and again approached to the
respondent authority namely, Addl. Chief Engineer, PHE Deptt, Nagaon,
Assam and the Executive Engeneer, PHE Deptt., Dhing (PHE) Division,
Assam and requested them to engage him in any Grade -IV post under
said department in the said scheme for his survival but he was not
engaged as such till date. Finding no alternative the petitioner filed
representation before the respondent No.1 on 22/05/2023 with a prayer
to engage him in any Grade-IV post under the A department but the said
Respondent did not dispose of said representation till date. Hence this
writ petition.
10. That the petitioner has other three siblings namely Moinul Hoque,
Faizul Hoque and Nurjahan Begum and nobody has any objection if the
said department appoint the petitioner in any grade-IV post in any Water
Supply Scheme under Dhing (PHE) Division under said department.
11. That the petitioner submits that if the department fails to appoint the
petitioner in the said scheme then it is the duty of the state authority to
give compensation to the petitioner against the B-Schedule land under the
provision of law laid down in the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Re-settlement Act,
2013, otherwise if the authority use the B-Schedule land without
appointing the petitioner and without paying compensation as stated
above then it will amount to deprive the petitioner from his property
without following due process of law and it will amount to violation of
Article 300-A of the Constitution Of India.
11. The relief as prayed for in the instant writ petition reads as hereunder:-
“Under the above facts and circumstances, it is therefore, prayed that
Your Lordships would be pleased to admit this petition, call for the
records, issue a rule, calling upon the respondents to show cause as to
why a writ in the nature of Mandamus shall not be issued to direct the
respondent No.1 to engage the petitioner as Grade-IV employee
permanently either at Datial Bori Pipe Water Supply Scheme, Morigaon
district part under Dhing (PHE) Division, Nagaon or in any other Pipe
Water Supply Scheme under said Dhing (PHE) Division, Nagaon, Assam
and to show cause as to why proper compensation shall not be given to
the petitioner under Right To Fair Compensation And Transparency In
Land Acquisition, Rehabilitation And Re -Settlement Act, 2023 and Assam
Land (Assam Land (Requisition And Acquisition) Act, 1964 in respect of B-
Schedule land. And on perusal of records and reply to show cause if any
Page No.# 7/15and after hearing the parties would be pleased to make the rule absolute
directing the respondent no.1 either to engage the petitioner as Grade-IV
employee permanently either at Datial Bori Pipe Water Supply Scheme,
Morigaon district part under Dhing (PHE) Division, Nagaon or in any other
Pipe Water Supply Scheme under said Dhing (PHE) Division, Nagaon,
Assam or give proper compensation to the petitioner under said Act, 2013
in respect of B-Schedule land for the ends of Justice.
Further it is prayed that pending disposal of this writ petition your
Lordship would be pleased to direct the respondent No.3 in particular and
other official respondents in general not to issue any appointment letter to
the respondent No.5 as “Jalmitra” in the said Scheme.
Alternatively it is prayed that the respondent no. 1 may be directed
to dispose of the representation dated 22.05.2023 (Annexure No.3) by a
speaking order within a specified time and with direction to supply a
copy of the speaking order to the petitioner.”
12. Reading of the aforesaid, it appears that the aforesaid writ petition has
been field primarily on two grounds, i.e. for engagement of the petitioner as
Grade-IV employee permanently either at Datialbori Pipe Water Supply Scheme,
Morigaon district Part under Dhing (PHE) Division, Nagaon or in any other Pipe
Water Supply Scheme under said Dhing PHE Division, Nagaon and for
compensation under the Right to Fair Compensation and Transparency in Land
Acquisition Rehabilitation and Re-settlement Act, 2023 and Assam Land
( Requisition and Acquisition) Act, 1964 in respect of the Schedule-B land
allegedly to have been acquired by the respondent authorities in the year 1982.
13. In order to deal with the first ground, apt at the outset to refer to the Pipe
Water Supply Scheme, (hereinafter referred to as “PWSS”) communicated by
the Principal Secretary to the Government of Assam, P&RD by vide addendum
dated 22.07.2022 which reads as hereunder:-
GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR: GUWAHATI-6
Page No.# 8/15ORDERS BY THE GOVERNMENT OF ASSAM
ADDENDUMNo. PDA.193/2021/pt/5 Dated: Dispur the 22nd July, 2022
The following points are incorporated in the Office Notification vide No.
PDA.193/2021/7 dated 9th February, 2021-Supply of drinking water, rainwater harvesting and water recycling
· The Piped Water Supply Scheme (PWSS) functional in all respect are to be handed over
by the PHED to the PRIs. However, in the exceptional case where 100% coverage could
not be done due to geographical barriers, etc. the partially completed scheme may also be
handed over to PRI provided that at least one habitation is completed and subject to
clearance by the Chairman DWSC.
· The Water Users’ Committee (WUC) of the PWSS will be formed or dissolved in a
general body meeting with a quorum of at least 50% of the users of the command area of
the scheme.
· If for any emergent scenario the WUC is dissolved before completion of the tenure, the
new WUC will be formed as per existing guidelines for formation of WUC.
· The General body meeting for WUC formation/dissolution shall be convened by the GP
Secretary.
· Structure of the Executive Committee of Water Users' Committee (WC)
President : 01 Nos
Vice President : 01 Nos.
General Secretary : 01 Nos
Treasurer : 01 Nos
General Member : 10 Nos
The special invitee in the WUC
· GP President
Page No.# 9/15
· Concerned Ward Member
· PHED Sectional Officer
· An eminent person can also be a special invitee
The existing WUCs of the PWSS shall be dissolved and reconstituted as per new
guidelines.
The executive committee meeting of the WUC shall be held at least once a month,
The user list of the PWSS will be provided by the PIED to the PRI.
· The water charges should be collected from every household as per rates fixed by the
WUC (minimum Rs.30/-pm), WUC may also revise the rate in the general meeting. If WUC
desires, it may exempt families having Antyodaya Anna Yojana Card.
· Scheme Operators/Volunteers for the ‘WSS
Selection of Operators/Volunteers:
New operators /volunteers of the PWSS shall be engaged by Water Users’ Committee.
The service of existing operators/volunteers (if any) already taking care of the scheme
activities, should be continued.
The honorarium of the operator/volunteer will be Rs: 6500.00 per month
Eligibility of Scheme Operators/Volunteers:
The qualification for Scheme Operators/volunteers should he minimum Class 12″ (HS)
pass, However, if there is no 12 pass candidate, WUC may select the 10th pass
candidate, with a certificate that there is no willing 12h pass candidate in the
command area to be countersigned by the GP Secretary.
He/She should be a resident of the command area of the scheme.
He/She cannot be an immediate relative of elected representatives of Panchayati Raj
InstitutionTraining of Scheme Operators/Volunteers:
To keep the scheme functional, PIED will train the operators/volunteers on the basic
operational process.
The operators/volunteers will be trained by PHED for petty repairs and periodic
maintenance of the schemes.
Page No.# 10/15
Training shall be given to the operators/volunteers on the IFC activities to be
undertaken by themRole and responsibilities of the Scheme Operators/Volunteers:
The operators/Volunteers shall collect the water user charges from the households and
deposit them to the WUC account.
Do the petty repairs and periodic maintenance of the schemes and take up necessary
Information, Education, Communication (IEC) activities.
If the required repair is beyond the skill of the operators volunteers, then he she shall
inform the WUC for necessary action.
To undertake regular Operation and Maintenance Activities of the PWSS.
The operators/volunteers should develop a good rapport with the water users of the
schemeElectricity Charges of the PWSS
The electricity charges for the PWSS shall be paid centrally by the Zilla Parishad after
deposition of fund by the Al’s GPs.
ZP will pay the consolidated monthly electricity charges of all PWSS to APDCL.
The Zilla Parishad will open a separate bank account for collecting the electricity
charges from GPS/APS/ZP.
GPS/APS/ZPs will add this bank account in e-gramswaraj as a vendor and transfer the
electricity charges amount to this account through e-gramswaraj from the 15 th FC tied
fund.
The GPS/AP’s/7Ps will transfer a lump sum amount for one year in advance to the ZPs’
dedicated bank account for electricity charges. The amount may he decided by the
respective CFO, ZP.
Procurement and distribution of Chemicals for the schemes
Empanelment of suppliers (vendors) for two or three districts will be done at the Pill
Circle level by the Mission Directorate, J.J.M.
The PWSS wise requirement of chemicals will be assessed by the ‘Il divisional.
The WUC will place an indent to the empanelled vendor quarterly basis or as per need
for the he chemicals on a quarterly basis or as per need.
The payment will be made by the WUC to the vendor.
Page No.# 11/15
For any other site specific issues relating to functionality of the PWSS, The Q &
M Methodology and the Water Users Committee Be-Law may be referred to for
redress.
Sd/-
(Dr. J.B. Ekka, IAS)
Principal Secretary in the Govt. of
Assam Panchayat & Rural Development
DepartmentMemo No. PDA.193/2021/p1/5-A Dated: Dispur the 22 July, 2022
14. Reading of the said PWSS scheme, it is clear that the PWSS functional in
all respect was handed over by the PHED to the PRIs. It further appears that in
exceptional case where 100% coverage could not be done due to geographical
barriers, etc., the partially completed scheme may also be handed over to PRIs
provided atleast one habitation is completed and subject to clearance by the
Chairman DWSC (District Water Sanitation Committee). It further appears that
the Water User’s Committee of the PWSS, thereafter will be formed or dissolved
in a general body meeting with a quorum of at least 50% of the users of the
command area of the scheme. If for any emergent scenario the WUC is
dissolved before completion of the tenure, the new WUC will be formed as per
existing guidelines for formation of WUC.
15. It further appears that after the User’s Committee is constituted, they shall
engage operation/volunteers in order to do the volunteer works of the PWSS.
16. In this connection, apt also to refer to the relevant paragraphs of the
affidavit-in-opposition filed on behalf of the respondent No.5 on 01.04.2024,
which reads as here under:-
Page No.# 12/15
“5. That the answering Respondent denied the statement made in Para-3
of the writ Petition as the grandfather of the Petitioner voluntarily donated
B Schedule land to the said department ‘PHE’ Division, Nagaon Assam.
Therefore, there is no any written Agreement regarding the B Schedule
Land. As such there was also not any agreement either oral or written
regarding the appointment of the Petitioner in future in the said
department. It is pertinent here to mention that in the year of 1982 the
said land was mutated in the name of Altaf Uddin Sarkar and he
donated the said land to the Department without any condition and
which has been there in Jamabandi Copy. The petitioner knows it very
well as the father of the Petitioner is a joint pattadar in the Patta No. 31
and Dag No. 282, Vill- Datialbori, Circle- Lahorighat, Mouza- Moirabari in
the District of Morigaon, Assam. Abdul Samad got mutated his name in
the year 2011, the petitioner misguided the Hon’ble Court. The petitioner
should give proof that his father Abdul Samad has donated the said land
to the department.
6. That as regards to the statements made in paragraph No.-4 of the writ
petition filed by the petitioner, the respondent offer no comment.
7. That as regards to the statements made in paragraph No 5 of the Writ
Petition, the Respondent is partly admitted. Though the Petitioner was
also engaged by the “User’s Committee” as Volunteer which was
constituted by the Village People in the said department .On dated
20/11/2015 the Respondent No. 5 wrote an application to the “User’s
Committee” to appoint him as a volunteer workers in the said
Department. Accordingly on dated 01/12/2015 a public meeting was
held by the “User’s Committee” and in that public meeting the name of the
Respondent No. 5 was selected and he was selected that he will take the
responsibility of all the work of the water supply scheme and his name
was also supported by the President and all the members of the “User’s
Committee”. Thereafter, on dated 15/12/2015 his name was reflected in
the list of the worker engaged by the “User’s Committee” as
causal/Volunteer worker. And accordingly Respondent No. 5 was given
engagement letter on dated 13/01/2023 by the “User’s Committee”
whereby the Respondent No. 5 is engaged on contractual basis as a
“Jalmitra”(Volunteer) for the Datialbori pipe water supply scheme (PWE)
under Datialbori Gaon Panchayat at Morigaon District and also of Rs.
6500/- was fixed as Monthly Honorarium. After engagement the
Respondent No.5 was under gone training the Department from
03/01/2023 to 13/01/2023.
8. That the answering respondent denied the statement made in
para-6 as the respondent No.5 is duly and legally selected/appointed by
the respondent No.3 as “Jalmitra” therefore the respodnen No.5 may be
appointed for the said post and as such the respondent No.5 has better
Page No.# 13/15
claim over the said post on the facts and circumstances of the case.
17. Reading of the aforesaid paragraphs, it appears that the petitioner was
engaged by the User’s Committee as a volunteer, which is constituted by the
village people in the said department. Apt also to refer to the engagement letter
issued to the petitioner, which reads as here under:-
ENGAGEMENT LETTER
Memo No wue/Datialbori.J. Mitra/2022-23/01. Dated the 13.01.2023
To
ELIMUL HOQUE
C/O Saiful Islam
Vill-Datialbori
Sub: Engagement as Jal Mitra (Volunteer)
You are engaged on contractual basis as per terms & conditions of contract
agreement, as a Jal Mitra (Volunteer) for the Datialbori Piped Water Supply Scheme (PWSS)
Under Datialbori Gaon Panchayat Morigaon District. The monthly honorarium will be
Rs.6,500/-(Rupees six thousand five hundred Only).
You shall report to the President of the Datialbori pwss WUC along with this
Engagement Letter within Seven (7) Days to sign a contract agreement.
General Secretary, Sectional Officer,PHED President
Water User Committee Special Invitee, WUC Water User Committee
Memo No: WUC/Datialbori/J. Mitra/2022-23/02-05 Dated 13.01.2023
Copy to:
Page No.# 14/15
1. The GP President Datialbori GP for information and necessary action.
2. The GP Secretary Datialbori GP for information and necessary action.
3. The Sectional Officer PHE), Dhing PHE Division.
4. Office Copy.
General Secretary Sectional Officer, PHED President
Water User Committee Special Invitee, WUC Water User Committee
18. A perusal of the aforesaid engagement letter amply indicates that the
engagement has been issued by the private individual with no involvement of
the State or its instrumentality.
19. The Coordinate Bench of this Court by the judgment and order dated
29.01.2025 in WP(C) 386/2025 had dismissed a similar writ petition filed by
similarly situated persons on the ground that the writ petition is not
maintainable.
20. The relevant paragraph of the aforesaid judgment reads as under:-
“By filing this writ petition, the petitioner has called into question
the alleged arbitrary and illegal appointment of the respondent no. 10 as
“Jal Mitra”. However, going through the materials on record, I find that
the order of appointment had not been issued either by the State or its
instrumentality.
Such being the position, this Court is of the opinion that the
appointment order issued to the respondent no. 10 was purely an act of
private individual(s), in the private capacity with no involvement of the
State or its instrumentality.
Under the circumstances, the plea taken by the petitioner cannot be
entertained in a Writ Petition, in exercise of power under Article 226 of the
Constitution of India. The writ petition is accordingly, closed”
21. In the present case, it is apparent from the materials on record that the
order of engagement in question has not been issued either by the State or its
instrumentality. That being so, the prayer of the writ petitioner for permanent
Page No.# 15/15
absorption in PWSS is not maintainable.
22. As regards the second ground i.e., prayer for compensation under Right To
Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Re
-Settlement Act, 2023 and Assam Land (Requisition And Acquisition) Act, 1964,
the subject Scheduled land of the petitioner’s father admittedly having been
acquired way back in 1982, is totally barred by laches. It is worthwhile to
mention that the subject Scheduled land appears from the material on record to
have been donated by the petitioner’s father at the relevant point of time
unconditionally. That being so, the petitioner has failed to make out any case
warranting any relief from this Court under Article 226 of the Constitution of
India.
23. In view of the foregoing, I am of the unhesitant view that the pleas taken
by the petitioner in the instant writ petition cannot be maintained.
24. Accordingly, the writ petition stands dismissed. No costs.
JUDGE
Comparing Assistant