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2024 DIGILAW 965 (GAU)

Paresh Chandra Deka, S/O Late Aditya Deka v. State Of Assam Through The Commissioner And Secy. To The Govt. Of Assam, Home And Political Affairs Dept.

2024-07-18

DEVASHIS BARUAH

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ORDER : HONOURABLE MR. JUSTICE DEVASHIS BARUAH Pursuant to the order passed by this Court on 28.05.2024, it has been brought to the attention of this Court by Mr. K. Das, the learned counsel appearing on behalf of the respondent Nos. 6, 7, 8 & 9 that the Division Bench of this Court vide an order dated 21.06.2024 in Writ Appeal No.204/2024 had stayed the directions contained in paragraph No. 26 of the order dated 28.05.2024. 2. It is seen from the contents of the order passed by the learned Division Bench that the reason why the order passed by this Court was stayed is on the ground that if the said direction is allowed to be complied with, it would result in opening up floodgates. This Court duly takes note of that the order dated 28.05.2024 was passed on the basis of the Circular of the Reserve Bank of India dated 06.07.2017. 3. This Court also takes note of that the Reserve Bank of India has been impleaded as the respondent No. 5 in the instant proceedings. However, the respondent No. 5 has not appeared and the service upon the said respondent No. 5 have been deemed to have been served on the basis of the order passed by the Lawlzima Court 4. Taking into account the above, this Court is of the opinion that interest of justice would be met if Dasti Service is effected upon the Reserve Bank of India/ Respondent No. 5 so that the stand of the said Respondent No. 5 can be taken on record in respect to Clauses 6, 7 & 8 of the Circular dated 06.07.2017 vis-a-vis, the entitlement of the petitioner. 5. Mr. Y.S. Mannan, the learned counsel appearing on behalf of the petitioner submits that he would take appropriate steps to effect Dasti Service upon the respondent No. 5, routed through the Registry of this Court and file an affidavit of service on or before the next date. The learned counsel for the petitioner is further directed to provide a copy of the order dated 28.05.2024 as well as the present order while effecting Dasti Service upon the respondent No. 5. 6. This Court also takes note of the submission of Mr. The learned counsel for the petitioner is further directed to provide a copy of the order dated 28.05.2024 as well as the present order while effecting Dasti Service upon the respondent No. 5. 6. This Court also takes note of the submission of Mr. C.K.S. Baruah, the learned CGC, appearing on behalf of the respondent No. 12, who submits that as per his telephonic instructions the mobile licensee would be liable to certain penalty on account of violation to the circular dated 01.08.2016. He however wants to bring the said aspect of the matter on record by way of an affidavit. 7. Mr. M. Chetia, the learned counsel appearing on behalf of the respondent Nos. 1, 2 and 3 submits that pursuant to the order dated 28.05.2024, the investigation has been taken up by the Special Superintendent of Police, CID, Cyber Crime for further investigation in respect of Rangia P.S. Case No. 944/2020. Taking into account that the investigation has only been taken over on 01.07.2024, the learned counsel appearing on behalf of the respondent No. 1, 2 & 3 seeks for some more time to give update as regard the investigation. 8. Accordingly, this Court fixes the matter on 03.09.2024, on which date the respondent No. 1, 2 & 3 shall provide an update as regards the status of the investigation; and the respondent No. 12 shall filed an affidavit as to its instructions as regards the directions passed by this Court in its order dated 28.05.2024, more particularly at paragraph No. 29. 9. This Court further directs the respondent No. 5 to file an affidavit as to whether the petitioner herein in the present facts would be entitled to the return of the amount or any part thereof from the SBI in view of the Circular dated 06.07.2017. 10. List Accordingly. 11. The Registry shall further re-arrange the documents which have been kept on record an marked with the letters “X” “Y” and “Z” in the separate file.