Alaka Barua v. The State of Assam and Ors

ORDER Date : 16.08.2024

The instant application has been filed by the applicant seeking impleadment as the Respondent No.5 to the accompanying writ petition being WP(C) No.8328/2022.

¶2From the materials on record, it is seen that the petitioner in the accompanying writ petition has assailed an order dated 07.10.2022 passed by the Respondent No.4 whereby the partition proceedings was dismissed and there was also a direction to maintain status quo order restraining the petitioner to construct or develop the said land.

¶3It is the case of the applicant that the land belongs to the applicant wherein the petitioner was raising construction and the applicant have filed the complaint and resultantly the impugned order dated 07.10.2022 was passed.

¶4Taking into account the above, this Court is of the opinion that the applicant herein is a necessary party to the accompanying writ petition. Accordingly, the applicant herein is arrayed as Respondent No.5 to the accompanying writ petition.

¶5The learned counsel for the petitioner in the accompanying writ petition is directed to file a fresh Memo of Parties before the Registry of Page No.# 3/3 this Court within 7 (seven) days and on the basis thereof, the Registry shall make necessary correction in the cause title and update the same in CIS.

¶6IA stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010161302024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2409/2024o ALAKAoBARUAo W/PoPRADIPoBARUAH,oR/OoUTTARoGUWAHATI,oP.O.oANDoP.S.oNORTHo GUWAHATI,oPINo781030,oDISTRICToKAMRUPo(R) VERSUSo THEoSTATEoOFoASSAMoANDoORS.o REP.oBYoTHEoCOMM.oANDoSECY.,oREVENUEoANDoDISASTERo MANAGEMENTo(REFORMS)oDEPTT.,oGOVT.oOFoASSAM,oDISPUR-06,oGHY 2:THEoDY.oCOMMISSIONER oKAMRUPo(M) oDISTRICT 3:THEoADDL.oDY.oCOMMISSIONERo(REV) oDIST.-oKAMRUPo(M) 4:THEoCIRCLEoOFFICER oDISPURoREVENUEoCIRCLE oDIST.-oKAMRUPo(M) 5:NABADIPoDAS oS/O-oLT.oGHANASHYAMoDAS oR/O-oSORBHOGoTOWN oWARDoNO.4 oP.O.oANDoP.S.oSORBHOG oDIST.-oBARPETA oASSAM oPIN-o78131o Page No.# 2/3 For the Petitioner(s) : Ms. M. Deka, Advocate For the Respondent(s) : Mr. H. Sharma, Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH