Lekha Bhuyan and 2 Ors v. Padmabati Mahanta and 5 Ors

ORDER Date : 06.05.2024

Heard Mr. S. Rabha, learned counsel for the applicant; Mr. P.P. Phukan, learned counsel for the opposite party nos. 1 & 2-writ petitioners; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department for the opposite party no. 3; and Mr. J. Handique, learned Junior Government Advocate, Assam for the opposite party nos. 4, 5 & 6. Page No. 3/4

¶2The instant interlocutory application has been preferred by the applicants – [1] Smt. Lekha Bhuyan, D/o-Late Mitradeb Bhuyan, R/o-House no. 16, Rajgarh Road, Chandmari, Guwahati – 781003, District – Kamrup [M], Assam; [2] Smt. Rashmita Sharma @ Rasmita Bhuyan, D/o-Late Mitrabdeb Bhuyan, R/o-A.T. Road, Haiborgaon, Nagaon, Assam, Pin-782002; & [3] Smt. Purabi Bhuyan, D/o-Late Mitradeb Bhuyan, R/o-East Amlapatty, Shibasthan Road, Nagaon, Assam, Pin-782003 seeking their impleadment as party-respondent nos. 5, 6 & 7 in the connected writ petition, W.P.[C] no. 1475/2024. It has been averred that the applicants are grand-daughters of Late Haladhar Bhuyan and Late Aruna Bhuyan through their father Late Mitradeb Bhuyan, who was the eldest son of Late Haladhar Bhuyan and Late Aruna Bhuyan.

¶3The connected writ petition, W.P.[C] no. 1475/2024 has been preferred by the opposite party no. 1 and the opposite party no. 2 as the writ petitioners with the claim that they were the daughters of Late Haladhar Bhuyan and Late Aruna Bhuyan.

¶4A number of mutation orders have been assailed in the writ petition, and according to the applicants, the plots of land in respect of which the mutation orders were passed, belong to the entire family and as such, the presence of the applicants is necessary for proper and effective adjudication of the issues involved in the connected writ petition.

¶5The prayer for impleadment of the applicants as party-respondents has not been opposed by the learned counsel appearing for the other sides' including the opposite party nos. 1 & 2-writ petitioners.

¶6Having regard to the projections made in the aforesaid manner and considering the fact that the prayer to implement is not opposed, the instant interlocutory application, seeking impleadment of the applicants as party-respondent nos. 5, 6 & 7 respectively in the connected writ petition, W.P.[C] no. 1475/2024, is allowed.

¶7The learned counsel for the petitioners shall submit an amended cause-title before the Page No. 4/4 Registry in terms of the Notification no. 79 dated 19.06.2023 within 3 [three] working days from today.

¶8On submission of such amended cause-title, the Registry to cause necessary corrections in the cause-title of the writ petition, W.P.[C] no. 1475/2024 as well as in the CIS and list the writ petition accordingly, thereafter.

JUDGE Comparing Assistant

PageoNo.o1/4 GAHC010087432024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1292/2024o LEKHAoBHUYANoANDo2oORSo DAUGHTERoOFoLATEoMITRADEBoBHUYAN,oR/OoH.oNO.o16,oRAJGARHo ROAD,oCHANDMARI,oGUWAHATI-78103,oDISTRICToKAMRUP(M),oASSAM 2:oSMToRASHMITAoSHARMAo@oRASMITAoBHUYAN oD/OoLATEoMITRADEBoBHUYAN oR/OoA.T.oROAD oHAIBORGAON oNAGAON oASSAM -782002. 3:oSMToPURABIoBHUYAN oD/OoLATEoMITRADEBoBHUYAN oR/OoEASToAMLAPATTY oSHIBASTHANoROAD oNAGAON oASSAM-782003o VERSUSo PADMABATIoMAHANTAoANDo5oORSo DAUGHTERoOFoLATEoHALADHARoBHUYANoANDoLATEoARUNAoBHUYAN,o HOUSEoNO.-94,oLACHIToNAGARoMAINoROAD,oLACHIToNAGAR,o GUWAHATI,oDISTRICT-oKAMRUPo(METRO),oASSAM,oPIN-o781007 2:SMTIoDIPALIoBORAH oDAUGHTERoOFoLATEoHALADHARoBHUYANoANDoLATEoARUNAoBHUYAN oFLAToNO.A2 oBLOCK-2 oGREENVIEWoRESIDENCY oGEETANAGAR oMATHGHARIA oGUWAHATI-o781020 Page No. 2/4 DISTRICT- KAMRUP (METRO) ASSAM 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI- 781006 4:THE DEPUTY COMMISSIONER MARIGAON DISTRICT- MORIGAON ASSAM PIN- 782105 5:THE ADDITIONAL DEPUTY COMMISSIONER REVENUE MORIGAON P.O. MORIGAON DISTRICT- MORIGAON PIN- 782105 6:THE CIRCLE OFFICER MORIGAON REVENUE CIRCLE P.O.- MORIGAON DISTRICT- MORIGAON ASSAM PIN- 78210 Advocate for the Petitioner : MR G K DEKA Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY