Habibur Rahman and 6 Ors v. Md. Kitab Ali,

ORDER Date : 24.04.2024

Heard Ms. S. B. Choudhury, learned counsel for the applicant. Mr. K. M. Hasan, learned counsel for the opposite party no.1, who is the writ petitioner in the connected writ petition.

¶2By filing this interlocutory application, the applicant seeks impleadment as respondent no.7 in the connected writ petition by projecting that on a complaint initiated by him and others, the eviction process of the petitioner has been initiated.

¶3The learned counsel for the opposite party no.1, by referring to the Page No.# 4/4 affidavit-in-opposition filed in this matter, has raised a preliminary objection as to the maintainability of this application.

¶4The learned counsel for the opposite party no.1 has submitted that the land was originally a private patta land which was converted behind his back to Govt. land and therefore, the limited prayer in the writ petition is to provide him with a copy of the concerned R.K. case on which process against the petitioner was initiated. Accordingly, the learned counsel of the opposite party no.1 submits that the petitioner is neither a proper nor a necessary party in this writ petition.

¶5From the documents annexed to the interlocutory application, it is seen that the applicant has annexed a copy of the complaint dated 23.05.2023 before the Deputy Commissioner, Nagaon for evicting encroachment from the Govt. land.

¶6Therefore, as the process of eviction of the opposite party no.1 has been initiated based on the complaint of the applicant, the Court is of the considered opinion that the applicant is a proper and necessary party in the connected writ petition as he does have material interest in the subject matter in the connected writ petition.

¶7Accordingly, this interlocutory application stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010013062024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/244/2024o HABIBURoRAHMANoANDo6oORSo S/OoABULoHUSSAIN,oR/OoVILL.oTINSUKIA,oP.O.oTINSUKIA,oP.S.oJURIA,oDIST.o NAGAON,oASSAM,oPINo782124. VERSUSo MD.oKITABoALI,o S/OoLATEoHATEMoALI,oVILL.-oTINSUKIA,oP.O.-oTINSUKIA,oP.O.-oTINSUKIA,o P.S.-oJURIA,oDIST.-oNAGAON,oASSAM,oPIN-o782124. 2:THEoDISTRICToCOMMISSIONER oNAGAONoDIST. oNAGAON oPIN-o782001. 3:THEoADDITIONALoDEPUTYoCOMMISSIONERo(REVENUE) oNAGAON oASSAM oPIN-o782001. 4:THEoCIRCLEoOFFICER oRUPAHIoREVENUEoCIRCLE oJURIYA oPIN-o782124. 5:THEoCHIEFoEXECUTIVRoOFFICER oNAGAONoZILAoPARISHAD oP.O.oANDoDIST.-oNAGAON oASSAM oPIN-o782001. 6:THEoEXECUTIVEoOFFICER Page No.# 2/4 JURIA ANCHALIK PANCHAYAT P.O.- JURIA DIST.- NAGAON PIN- 782124. 7:THE STATE OF ASSAM REP. BY THE SECRETARY LAND AND REVENUE DEPTT. DISPUR GUWAHATI- 06 Advocate for the Petitioner : MS. S B CHOUDHURY Advocate for the Respondent : MR. R MAZUMDAR Linked Case : WP(C)/7520/2023 MD. KITAB ALI S/O LATE HATEM ALI VILL.- TINSUKIA P.O.- TINSUKIA P.O.- TINSUKIA P.S.- JURIA DIST.- NAGAON ASSAM PIN- 782124. VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE SECRETARY LAND AND REVENUE DEPTT. DISPUR GUWAHATI- 06. 2:THE DISTRICT COMMISSIONER NAGAON DIST. NAGAON PIN- 782001. 3:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) Page No.# 3/4 NAGAON ASSAM PIN- 782001. 4:THE CIRCLE OFFICER RUPAHI REVENUE CIRCLE JURIYA PIN- 782124. 5:THE CHIEF EXECUTIVR OFFICER NAGAON ZILA PARISHAD P.O. AND DIST.- NAGAON ASSAM PIN- 782001. 6:THE EXECUTIVE OFFICER JURIA ANCHALIK PANCHAYAT P.O.- JURIA DIST.- NAGAON PIN- 782124. ------------ Advocate for : MR. R MAZUMDAR Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA