Imdadul Hussain, v. The State of Assam and 3 Ors

ORDER Date : 19-04-2024

Heard Mr. MH Choudhury, learned counsel for the applicant as well as Mr. C. Sarma, learned counsel appearing on behalf of Mr. RM Das, learned standing counsel for the Water Resource Department and Mr. RKD Choudhury, learned DSGI appearing for the opposite party. This IA has been filed to implead the Union of India through the Ministry of Jal Shakti as respondent no.5. The learned DSGI has submitted that as per his instructions received by him in another matter, appropriate budget be placed with the Govt. of Assam and accordingly it is expressed that there is every likelihood that the bill of the petitioner would be covered by the said budgetary allocation. Be that as it may, as the Water Resource Department, in their affidavit-in-opposition filed in the connected writ petition has raised the issue of non-joinder of Union of India through Ministry of Jal Shakti as respondent, this IA stands allowed and the Union of India through the Ministry of Jal Shakti is allowed to be impleaded in the writ petition as respondent no.5.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010054002024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/842/2024o IMDADULoHUSSAIN,o S/O-oLT.oABDURoRAHMAN,oVILL-oAMINoPATTY,oT.S.oROAD,oP.O.oNAGAON,o P.S.oSADAR,oDIST.-oNAGAON,oASSAM,oPIN-o782001 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oWATERo RESOURCEoDEPTT.,oDISPUR,oGHY-06 2:THEoEXECUTIVEoENGINEER oMORIGAONoWATERoRESOURCEoDIVISION oMORIGAONoWATERoRESOURCEoDIVISION oMORIGAON 3:THEoSUPERINTENDINGoENGINEER oNAGAONoWATERoRESOURCEoCIRCLE oNAGAON 4:THEoCHIEFoENGINEER oWATERoRESOURCEoDEPTT. oGOVT.oOFoASSAM oCHANDMARI oGUWAHATI-0o AdvocateoforotheoPetitionerooooo:oMR.oMoAoSHEIKHo AdvocateoforotheoRespondento:oSC,oWATERoRESOURCEoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE Page No.# 2/2 HONOURABLE MR. JUSTICE KALYAN RAI SURANA