Habil Uddin Khan, v. The District Commissioner, Goalpara and 4 Ors

ORDER

16.02.2024

Heard Mr. H.K. Nepal, learned counsel for the applicant and Ms. M. Barman, learned Junior Government Advocate, Assam for the opposite party nos. 1 & 2.

¶2The interlocutory application, I.A.[C] no. 425/2024 has been preferred by the applicant who has instituted the connected writ petition, W.P.[C] no. 592/2024 as the writ petitioner, seeking impleadment of the following authority as a party-respondent in the said writ petition :-

The State of Assam, Represented by the Principal Secretary to the Government of Assam, Panchayat & Rural Development Department, Dispur, Guwahati, Assam, PIN - 781006

¶3It has been averred that due to an inadvertence, the applicant-writ petitioner did not implead the above authority, who is a necessary and proper party for adjudication of the issues involved in the connected writ petition.

¶4Ms. Barman, learned Junior Government Advocate appearing for the opposite party nos. 1 & 2 has submitted that there is no objection if the interlocutory application seeking impleadment of the afore-mentioned authority is allowed.

¶5Having gone through the statements and averments made in the interlocutory application, this Court is of the considered view that the presence of the proposed party-Page No.# 4/4 respondent will be necessary for proper adjudication of the issues involved in the connected writ petition. Accordingly, the interlocutory application seeking impleadment of the afore-mentioned authority as party-respondent no. 5 in the writ petition, W.P.[C] no. 592/2024 is allowed.

¶6The learned counsel for the petitioner shall file amended cause-title in terms of the Notification no. 79 dated 19.06.2023 before the Registry within 1 [one] week. On submission of the amended cause-title, the office to cause necessary correction in the cause-title of the writ petition, W.P.[C] no. 592/2024 as well as in the CIS and thereafter, list the writ petition in the motion column reflecting the name of Standing Counsel, P&RD Department in the respondents' side in the cause-list. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010029992024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/425/2024o HABILoUDDINoKHAN,o S/O-oLATEoAKBARoKHAN,oR/O-oVILL-oRAKHYASINIoGAROPARAoPT-1,oP.O.o RAKHYASINI,oP.S.oMORNOI,oGOALPARA,oASSAM,oPIN-o783101. VERSUSo THEoDISTRICToCOMMISSIONER,oGOALPARAoANDo4oORSo GOALPARA,oASSAM 2:THEoADDITIONALoDISTRICToCOMMISSIONER oGOALPARA oASSAM 3:GOALPARAoZILAoPARISHAD oREPRESENTEDoBYoITSoCHIEFoEXECUTIVEoOFFICER oGOALPARA oASSAM oPIN-o783121. 4:THEoCHIEFoEXECUTIVEoOFFICER oGOALPARAoZILLAoPARISHAD oGOALPARA oASSAM oPIN-o783121. 5:THEoSTATEoOFoASSAM oREP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI Page No.# 2/4 ASSAM PIN 781006 Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/592/2024 HABIL UDDIN KHAN S/O- LATE AKBAR KHAN R/O- VILL- RAKHYASINI GAROPARA PT-1 P.O. RAKHYASINI P.S. MORNOI GOALPARA ASSAM PIN- 783101. VERSUS THE DISTRICT COMMISSIONER GOALPARA AND 3 ORS ASSAM 2:THE ADDITIONAL DISTRICT COMMISSIONER GOALPARA ASSAM 3:GOALPARA ZILA PARISHAD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER GOALPARA ASSAM PIN- 783121. 4:THE CHIEF EXECUTIVE OFFICER GOALPARA ZILLA PARISHAD GOALPARA ASSAM PIN- 783121. ------------ Advocate for : MR S BORTHAKUR Advocate for : GA ASSAM appearing for THE DISTRICT COMMISSIONER Page No.# 3/4 GOALPARA AND 3 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY