Shirley Slynn v. The State of Assam and 3 Ors

ORDER Date : 21-02-2024 Heard Mr. M.K. Das, learned counsel for the applicant-writ petitioner; Mr. S. Baruah, learned Junior Government Advocate, Assam for opposite party nos. 1 & 3; and Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department for the opposite party no. 4.

¶2The applicant as the writ petitioner, has preferred the connected writ petition, W.P.[C] no. 276/2024 seeking relief of ex gratia in terms of a Notification dated 15.11.2014 of the Revenue & Disaster Management Department on the premise that the applicant-writ petitioner's mother was killed in a road traffic accident occurred on a public place.

¶3The instant interlocutory application has been preferred seeking impleadment of the following authority :- Page No. 3/3

'The Principal Secretary to the Government of Assam, Revenue and Disaster Management Department.'

as a party-respondent in the connected writ petition on the ground that the said authority was not impleaded as a party-respondent in the connected writ petition inadvertently. It is averred that the presence of the proposed party-respondent is necessary for the adjudication of the issue involved in the connected writ petition.

¶4The learned counsel for the opposite parties have submitted that they have no objection if the prayer made in the interlocutory application is allowed.

¶5Having regard to the grievance sought to be redressed, in the connected writ petition, in the form of ex gratia relief on the basis of a Notification issued by the Revenue and Disaster Management Department, the instant interlocutory application seeking impleadment of the afore-mentioned authority as the party-respondent no. 4 is allowed.

¶6The learned counsel for the petitioner shall submit an amended cause-title before the Registry in terms of the Notification no. 79 dated 19.06.2023 within 3 [three] working days from today.

¶7On submission of such amended cause-title, the Registry to cause necessary corrections in the cause-title of the writ petition, W.P.[C] no. 276/2024 as well as in the CIS and list the writ petition accordingly thereafter.

JUDGE Comparing Assistant

Page No. 1/3 GAHC010017562024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/431/2024 SHIRLEY SLYNN W/O- LATE M. AJAY SINGH, R/O- MANIPURI BASTI, HOUSE NO. 38, P.O.- ULUBARI, UNDER PALTANBAZAR, POLICE STATION, DIST- KAMRUP(M), GUWAHATI- 781007, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED HEREIN BY THE CHIEF SECRETARY, GOVT. OF ASSAM. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT. 3:DEPUTY COMMISSIONER KAMRUP(METRO) GUWAHATI ASSAM. 4:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMEN Advocate for the Petitioner : MR. M K DAS Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/276/2024 SHIRLEY SLYNN W/O- LATE M. AJAY SINGH R/O- MANIPURI BASTI HOUSE NO. 38 P.O.- ULUBARI UNDER PALTANBAZAR Page No. 2/3 POLICE STATION DIST- KAMRUP(M) GUWAHATI- 781007 ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED HEREIN BY THE CHIEF SECRETARY GOVT. OF ASSAM. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT. 3:DEPUTY COMMISSIONER KAMRUP(METRO) GUWAHATI ASSAM. Advocate for : MR. M K DAS Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY