M/S Pooja Hardware v. The State of Assam and 10 Ors

ORDER

11.09.2024

Heard Ms. D. Das, learned counsel for the petitioner. Also heard Shri R.R. Gogoi, learned Standing Counsel, PHE. The petitioner had earlier filed WP(C)/7170/2021 for a direction towards consideration for payment of contractual dues. The said writ petition was disposed of on 09.03.2022. However, it is submitted that in the said writ petition, the present respondent nos. 10 & 11 were not impleaded as parties and therefore, the order has not been able to be implemented. The present writ petition has been instituted with the same relief which was made in the earlier writ petition WP(C)/7170/2021. There cannot be another adjudication of the same issue which has been decided and has attained finality. Writ petition cannot be instituted for adding certain parties in a disposed of matter. The petitioner may take the recourse of filing a clarificatory application in the earlier writ petition by way of a review, if so advised. Writ petition is held to be not maintainable and is accordingly dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010181852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4625/2024o M/SoPOOJAoHARDWAREo AoREGISTEREDoFIRMoHAVINGoITSoOFFICEoAToBARPETAoROAD,oPOoANDoPSo BARPETA,oDIST.-oBARPETA,oROAD,oASSAM,oREPRESENTEDoBYoITSoSOLEo PROPRIETORoSANDEEPoKR.oAGARWALLA VERSUSo THEoSTATEoOFoASSAMoANDo10oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoPUBLICo HEALTHoDEPARTMENT,oDISPUR,oGUWAHATI-o06 2:THEoCHIEFoENGINEER oPUBLICoHEALTHoDEPARTMENT oSANITATION oHENGRABARI oGUWAHATI-o36 3:THEoEXECUTIVEoENGINEER oPHE oDHUBRIoDIVISION oDHUBRI oASSAM 4:THEoEXECUTIVEoENGINEER oPHE oKOKRAJHAR oBTC oASSAM 5:THEoEXECUTIVEoENGINEER oPHE oCHIRRANGoDIVISION Page No.# 2/3 BTC ASSAM 6:THE EXECUTIVE ENGINEER PHE BAKSA DIVISION MUSHALPUR BAKSA BTC ASSAM 7:THE EXECUTIVE ENGINEER PHE NALBARI DIVISION NALBARI ASSAM 8:THE EXECUTIVE ENGINEER PHE UDALGURI ASSAM 9:THE EXECUTIVE ENGINEER PHE SONITPUR ASSAM 10:THE CHIEF ENGINEER PHE (WATER) PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI- 36 11:THE EXECUTIVE ENGINEER PHE (STORE AND WORKSHOP DIVISION) BETKUCHI GUWAHATI- 78103 Advocate for the Petitioner : MS D DAS, Advocate for the Respondent : SC, P H E, Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI