Azial Hoque v. The State of Assam and 6 Ors

ORDER

15.03.2023

Heard Mr. G. Alom, learned counsel for the applicant; Mr. N.K. Dev Nath, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for the opposite party nos. 1, 2, 4 & 6; Ms. S. Sarma, learned Junior Government Advocate, Assam for the opposite party nos. 3 & 4; and Mr. A. Islam, learned counsel for the opposite party no. 7-writ Page No.# 3/4 petitioner.

¶2The opposite party no. 7 as the writ petitioner, has preferred the connected writ petition, W.P.[C] no. 873/2023 contending that the respondent authorities have sought to prevent him from operating Takimari Hat @ New Takimari Hat, a private market on different counts.

¶3The applicant has preferred the instant interlocutory application seeking his impleadment as a party-respondent in the writ petition, W.P.[C] no. 873/2023. The applicant has averred that the opposite party no. 7-writ petitioner has alleged in the writ petition that the jurisdictional Zilla Parishad has entered into an agreement with the applicant in order to shift the private market away from the land of the opposite party no. 7-writ petitioner's private plot of land without his knowledge.

¶4Mr. Alom, learned counsel for the applicant has submitted that for proper adjudication on the issues involved in the connected writ petition, presence of the applicant as a party-respondent is necessary.

¶5Learned counsel for the opposite parties have not seriously objected to the prayer for impleadment of the applicant as a party-respondent in the connected writ petition.

¶6I have gone through the averments made in the instant interlocutory and considered the issues involved in the connected writ petition, W.P.[C] no. 873/2023.

¶7Having regard to the averments made in the instant interlocutory application, I find that the contention that the applicant would be a necessary party in the connected writ petition has force as the applicant was earlier operating the private market with the opposite party-writ petitioner. Further, considering that there is no objection on the part of the learned counsel for the opposite parties, the instant interlocutory application seeking impleadment of the applicant – "Azial Hoque, aged about 59 years, S/o Late Suban Sheikh, R/o Village Takimari, P.O. Hazirhat, P.S. Sukchar, District – South Salmara Mankachar, Assam PIN – Page No.# 4/4 783128" as the party-respondent no. 7 in the writ petition, W.P.[C] no. 873/2023, is allowed.

¶8The office is to make necessary correction in the cause-title of the writ petition.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010051462023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/684/2023o AZIALoHOQUEo S/O-oLT.oAJGARoALI,o VILL.-oCHOTOoBAZRA,o P.O.-oHAZIRHAT,oP.S.-oSUKCHAR,o DIST-oSOUTHoSALMARA-oMANKACHAR,o ASSAM,oPIN-o783128. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPTT.,oDISPUR,oGUWAHATI-6. 2:THEoCOMMISSIONERoPANCHAYToANDoRURALoDEVELOPMENToDEPTT. oGOVT.oOFoASSAM oPANJABARI oJURIPAR oGUWAHATI-o37. 3:THEoDEPUTYoCOMMISSIONER oSOUTHoSALMARA-MANKACHARoDISTRICT oHATSINGIMARI oASSAM. 4:THEoZILLAoPARISHADoSOUTHoSALMARA-MANKACHAR oREPRESENTEDoBYoITSoCHIEFoEXECUTIVEoOFFICER o DISTRICT-oSOUTHoSALMARA-oMANKACHAR o HATSINGIMARI oASSAM. Page No.# 2/4 5:THE CIRCLE OFFICER SOUTH SALMARA REVENUE CIRCLE P.O- SOUTH SALMARA DIST- SOUTH SALMARA- MANKACHAR ASSAM PIN- 783127. 6:THE HAZIRHAT GAON PANCHAYAT REPRESENTED BY ITS SECRETARY P.O.- HAZIRHAT P.S.- SUKCHAR DIST.- SOUTH SALMARA- MANKACHAR ASSAM PIN- 783128. 7:AMINUL HOQUE AHMED S/O LATE AJGAR ALI R/O VILLAGE CHOTO BAZRA P.O. HAZIRHAT P.S. SUKCHAR DISTRICT SOUTH SALMARA-MANKACHAR ASSAM PIN-783128 Advocate for the Petitioner : MR. P D NAIR Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY