Gabinda Deb and 4 Ors v. Bijoy Krishna Dam and 2 Ors

ORDER Date : 09-02-2024 Heard Mr. S.K. Ghosh, learned counsel for the applicants and Mr. S. Banik, learned counsel for the opposite party no. 1-writ petitioner.

¶2The instant interlocutory application has been preferred by the applicants seeking their impleadment as party-respondents in the connected writ petition, W.P.[C] no. 7620/2023, preferred by the opposite party no. 1 as the writ petitioner.

¶3Mr. Banik, learned counsel for the opposite party no. 1-writ petitioner has contended that the applicant no. 1 herein during the consideration of the previous writ proceeding, W.P. Page No. 4/5 [C] no. 1749/2022 made a categorical statement before the Court that he was not the owner of the property, in respect of which the said writ petition was preferred. In the said writ petition, W.P.[C] no. 1749/2022, the applicant no. 1 was impleaded as party-respondent no.

¶6In the said writ petition, the applicant no. 1 as the party-respondent no. 6 filed an affidavit-in-opposition on 31.08.2022. When the said writ petition, W.P.[C] no. 1749/2022 came up for final consideration on 20.01.2023, it was submitted on behalf of the party-respondent no. 6 therein, that is, the applicant no. 1 herein that the owner of the property [house] was his deceased wife [Subharani Dev] and after her death, he did not become the owner of the property [house]. The Court recorded that the party-respondent no. 6 therein, that is, the applicant no. 1 herein was not a party who was to be aggrieved by any order to be passed in the said writ petition, as he did not claim ownership right over the property [house] of the deceased wife. With such observation, the name of the party-respondent no. 6 in the writ petition, W.P.[C] no. 1749/2022, that is, the applicant no. 1 herein was struck off.

¶4Mr. Ghosh, leaned counsel for the applicants has submitted that aggrieved by the said order dated 20.01.2023 passed in W.P.[C] no. 1749/2022, the applicant no. 1 as the petitioner has preferred a review application, Review Petition no. 99/2023 and the said review petition is pending.

¶5Mr. Banik, learned counsel for the opposite party no. 1-writ petitioner has, however, raised no objection as regards the prayer for impleadment of the applicant nos. 2 – 5.

¶6Having gone through the statements and averments made in the instant interlocutory application and considering that Mr. Banik, learned counsel for the opposite party no. 1 has no objection, the instant interlocutory application seeking impleadment in so far as the applicant nos. 2 – 5 as party-respondents in the connected writ petition is concerned, is allowed. As the Review Petition no. 99/2023 is pending for consideration and in view of the observation recorded in the order dated 20.01.2023 passed in the writ petition, W.P.[C] no. 1749/2022, the prayer made on behalf of the applicant no. 1 herein for his impleadment as a party-respondent in the connected writ petition, W.P.[C] no. 7620/2023 is declined, at this stage. Page No. 5/5

¶7The learned counsel for the parties shall file amended cause-title in terms of the Notification no. 79 dated 19.06.2023 before the Registry within 7 [seven] days from today.

¶8The Registry to list the writ petition, W.P.[C] no. 7620/2023, after carrying out the necessary correction/modification on submission of the amended cause-title.

JUDGE Comparing Assistant

PageoNo.o1/5 GAHC010025592024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/363/2024o GABINDAoDEBoANDo4oORSo S/OoLATEoGAJENDRAoCHANDRAoDEB,oR/OoLONGAIoROAD,oP.O.o SETTLEMENToROAD,oP.S.oANDoDIST.oKARIMGANJ,oASSAM,oPINo788712. 2:oNABAoKISHOREoDEB oS/OoGOBINDAoDEB oR/OoLONGAIoROAD oP.O.oSETTLEMENToROAD oP.S.oANDoDIST.oKARIMGANJ oASSAM oPINo788712. 3:oSAMPAoDEBoROY oD/OoGOBINDAoDEB oR/OoLONGAIoROAD oP.O.oSETTLEMENToROAD oP.S.oANDoDIST.oKARIMGANJ oASSAM oPINo788712. 4:oSHWASTIoDEBoPANDIT oD/OoGOBINDAoDEB oR/OoLONGAIoROAD oP.O.oSETTLEMENToROAD oP.S.oANDoDIST.oKARIMGANJ oASSAM oPINo788712. 5:oSUSMITAoDEBo(DEY) oS/OoGOBINDAoDEB oR/OoLONGAIoROAD oP.O.oSETTLEMENToROAD oP.S.oANDoDIST.oKARIMGANJ oASSAM Page No. 2/5 PIN 788712 VERSUS BIJOY KRISHNA DAM AND 2 ORS SON OF LATE ANIL RANJAN DAM, RESIDENT OF LONGAI ROAD, WARD NO. 2 (OLD)/ 3 (NEW), POST OFFICE- SETTLEMENT ROAD, DISTRICT- KARIMGANJ, ASSAM, PINCODE- 788712. 2:THE KARIMGANJ MUNICIPAL BOARD REPRESENTED BY THE EXECUTIVE OFFICER KARIMGANJ ASSAM. 3:THE EXECUTIVE OFFICER KARIMGANJ MUNICIPAL BOARD KARIMGANJ ASSAM Advocate for the Petitioner : MR. S K GHOSH Advocate for the Respondent : MR. S BANIK Linked Case : WP(C)/7620/2023 BIJOY KRISHNA DAM SON OF LATE ANIL RANJAN DAM RESIDENT OF LONGAI ROAD WARD NO. 2 (OLD)/ 3 (NEW) POST OFFICE- SETTLEMENT ROAD DISTRICT- KARIMGANJ ASSAM PINCODE- 788712. VERSUS THE KARIMGANJ MUNICIPAL BOARD AND 4 ORS REPRESENTED BY THE EXECUTIVE OFFICER KARIMGANJ ASSAM. 2:THE EXECUTIVE OFFICER KARIMGANJ MUNICIPAL BOARD REPRESENTED BY THE EXECUTIVE OFFICER KARIMGANJ ASSAM. Page No. 3/5 3:THE CHAIRMAN KARIMGANJ MUNICIPAL BOARD KARIMGANJ ASSAM. 4:BIKRAM CHASA ACS THE THEN EXECUTIVE OFFICER KARIMGANJ MUNICIPAL BOARD KARIMGANJ ASSAM. PRESENTLY POSTED AS EXTRA ASSISTANT COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER KAMRUP(METROPOLITAN) HENGRABARI GUWAHATI ASSAM. 5:RABINDRA CHANDRA DEB CHAIRMAN KARIMGANJ MUNICIPAL BOARD KARIMGANJ ASSAM. Advocate for : MR. S BANIK Advocate for : appearing for THE KARIMGANJ MUNICIPAL BOARD AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY