Dibyajyoti Goswami v. The Union of India and 6 Ors

ORDER

11.12.2024

Heard Mr. D. Baruah, learned counsel for the applicant. Also heard Ms. S. Konwar, learned Government Advocate for the State of Assam, Ms. G. Hazarika, learned Standing Counsel for the Revenue Department. This Interlocutory Application has been filed seeking for impleadment of opposite party Nos.1 to 3 as respondent 5, 6 and 7 in WP(C) No. 9534/2019. Learned counsel appearing for the respondents does not object to the prayer made. In that view of that matter, taking into consideration the submission of the counsel for the petitioner that opposite party Nos.1, 2 and 3 are necessary parties in WP(C) No. 9534/2019. This writ petition was earlier disposed of by order 11.09.2023 passed in WP(C) No. 9534/2019. The said was subsequently reviewed by order dated

04.11.2024 passed in review petition No. 120/2024. The review sought for was Page No.# 3/3 on the ground that the Central Government as well as the National Highway & Infrastructure Development Corporation Ltd. were not arrayed as a party respondents and as they were necessary and appropriate parties ought to have been arrayed as respondents. Accordingly, the earlier order dated 11.09.2023 disposing of the WP(C) No. 9534/2019 was recalled. In view of this order, the present interlocutory application has been filed seeking impleadment of Union of India, National Highway & Infrastructure Development Corporation along with the Deputy General Manager of NHIDCL. The respondents have not objected to the prayer made. In view of the judicial order dated 04.112024 passed in Review Petition No.120/2024, where this Court has held that Union of India, National Highway & Infrastructure Development Corporation and Deputy General Manager of NHIDCL are necessary parties this interlocutory application accordingly stands allowed. The Union of India, reporesented by the Secretary to the Union of India, National Highway & Infrastructure Development Corporation Ltd. (NHIDCL) represented by its Managing Director and Deputy General Manager

(P) of NHIDCL, PMU, Tezpur are arrayed as respondents No. 5, 6 and 7. The petitioner will filed amended cause title within two week from today. Accordingly the interlocutory application stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010252462024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3794/2024o DIBYAJYOTIoGOSWAMIo D/OoLATEoUoNoGOSWAMI,oW/O-oSRIoRANJIToKRoMAHANTA,oR/O-oVILL-o TONGANAoGAON,oP.OoANDoP.S-oGAHPUR,oDIST-BISWANATH,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoUNIONoOFoINDIA,oMINISTRYo OFoROADoTRANSPORT,oTRANSPORToBHAWAN-1 2:THEoNATIONALoHIGHWAYSoANDoINFRASTRUCTUREoDEVELOPMENTo CORPORATIONoLTDo(NHIDCL) oREPoBYoITSoMANAGINGoDIRECTOR oWORLDoTRADEoCENTRE oNAUROJIoNAGAR oNEWoDELHI-110029 3:THEoDEPUTYoGENERALoMANAGERo(P) oNHIDCL PMU oTEZPUR 4:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oDEPTToOFoREVENUEoANDoDM oDISPUR oGHY-o6 5:THEoDEPUTYoCOMMISSIONER oBISWANATH oBISWANATHoCHARIALI oASSAM Page No.# 2/3 6:THE ADDL DEPUTY COMMISSIONER BISWANATH CHARIALI ASSAM 7:THE CIRCLE OFFICER GOHPUR REVENUE CIRCLE GOHPUR DIST- BISWANATH ASSA Advocate for the Petitioner : MR D BARUAH, MR. P K BORDOLOI,MR. P G BHAGAWATI Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA