ASOM KRISTI BIKASH SANGHA AIAS KRISTI BIKASH SANGHA, v. THE STATE OF ASSAM
I.A.(Civil)/1963/2026 · 2026-06-16
Devashis Baruah
body1963
DailyLaw.ai
[ 1963 DAILYLAW 74 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 1963 DAILYLAW 74 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC010127802024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1963/2026 ASOM KRISTI BIKASH SANGHA AIAS KRISTI BIKASH SANGHA NORTH BONGAIGAON A REGISTERED ORGANIZATION REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 1860 BEARING REGISTRATION NO. RS/BONG/252/G/08 OF 2019-2020 HAVING ITS OFFICE AT NORTH BONGAIGAON CHAPAGURI ROAD P.O. AND P.S.- BONGAIGAON DISTRICT- BONGAIGAON ASSAM PIN- 783380 REPRESENTED BY ITS PRESIDENT SRI HEMANTA KUMAR SARMA AGED ABOUT 82 YEARS SON OF LATE JANAKI MOHAN SARMA RESIDENT OF BOC GATE NORTH BONGAIGAON P.O. AND P.S. AND DISTRICT- BONGAIGAON ASSAM PIN- 783380. 2: SRI HEMANTA KUMAR SARMA SON OF LATE JANAKI MOHAN SARMA PRESIDENT OF ASOM KRISTI BIKASH SANGHA ALIAS KRISTI BIKASH SANGHA NORTH BONGAIGAON. RESIDENT OF BOC GATE NORTH BONGAIGAON P.O. AND P.S. AND DISTRICT-BONGAIGAON ASSAM PIN783380. 3: SRI NAYAN JYOTI DAS ALIAS NAYAN MONI DAS SON OF LATE GUNAJIT KUMAR DAS RESIDENT OF CHAPAGURI ROAD NORTH BONGAIGAON
Page No.# 2/5 P.O. AND P.S. AND DISTRICT-BONGAIGAON ASSAM PIN783380. 4: SRI ABHIJIT DUTTA SON OF LATE MANIK DUTTA RESIDENT OF NEW COLONY KALIBARI P.O. AND P.S. AND DISTRICTBONGAIGAON ASSAM PIN-783380 5: SRI SANJOY GHOSH ALIAS SANJAY SEN SON OF LATE HARIPAD GHOSH RESIDENT OF TOWN SHASRTI ROAD P.O. AND P.S. AND DISTRICTBONGAIGAON ASSAM PIN-783380. 6: SRI PAWAN KUMAR MAHATO SON OF SRI RAM PUKAR MAHATO RESIDENT OF SHIVAM NAGAR CHAPAGURI ROAD P.O. AND P.S. AND DISTRICT-BONGAIGAON ASSAM PIN783380 VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6 2:THE DISTRICT COMMISSIONER BONGAIGAON DISTRICT- BONGAIGAON ASSAM PIN-783380. 3:THE ADDITIONAL DISTRICT COMMISSIONER REVENUE BONGAIGAON DISTRICT- BONGAIGAON ASSAM PIN-783380. 4:THE CIRCLE OFFICER BONGAIGAON REVENUE CIRCLE DISTRICT- BONGAIGAON
Page No.# 3/5 ASSAM PIN783380. 5:THE UNION OF INDIA MINISTRY OF RAILWAYS REPRESENTED BY GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-11 DISTRICTKAMRUPM ASSAM 6:THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-11 DISTRICT-KAMRUPM ASSAM. 7:THE DIVISIONAL RAILWAY MANAGER RANGIA DIVISION N.F. RAILWAY MALIGAON GUWAHATI-11 DISTRICT-KAMRUPM ASSAM 8:THE ASSISTANT DIVISIONAL ENGINEER ADEN N.F. RAILWAY BONGAIGAON DISTRICT-BONGAIGAON ASSAM PIN-783381 ------------ For the Applicant(s) : Mr. R. Sarma, Advocate
For the Respondent(s) : Ms. A. Gayan, CGC Mr. H. Sarma, Addl. Sr. Govt. Advocate Ms. G. Hazarika, Standing Counsel
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Page No.# 4/5 ORDER Date : 17.06.2026
This is an application filed for impleading the opposite party Nos.
5 to 8 as parties to the accompanying writ petition on the ground that the land in question, over which the petitioners are presently in occupation, belongs to the Railways. 2. This Court has also taken note of Annexure-3 to the accompanying writ petition, which is a certificate purportedly issued by a Railway authority stating that the petitioners’ institution is occupying an unused Railway plot of land in the North Bongaigaon area admeasuring 60 feet X 120 feet. It is pertinent to observe that the area mentioned in the said Annexure-3 of the accompanying writ petition would approximately measure 2 Kathas 10 Lechas. However, a perusal of Annexure-4 to the accompanying writ petition reveals that the Circle Officer, Bongaigaon Revenue Circle has certified that the Railways had permitted the petitioners’ institution to use 4 Kathas 9 Lechas of land. 3. This Court fails to understand the basis on which such a certificate has been issued by the Circle Officer, Bongaigaon Revenue Circle. 4. Taking into account the above aspects, this Court is of the
Page No.# 5/5 opinion that the presence of opposite party Nos. 5 to 8 are necessary for the proper adjudication of the accompanying writ petition. 5. Accordingly, the opposite party Nos. 5 to 8 in the instant proceedings are impleaded as respondent Nos. 5 to 8 in the accompanying writ petition. 6. The learned counsel for the petitioners is directed to file a fresh Memo of Parties before the Registry of this Court by 22.06.2026 and the Registry on the basis of the fresh Memo of Parties as well as the instant order make necessary corrections in the cause title as well as update the same in the CIS. 7. With the above, I.A. stands disposed of. JUDGE Comparing Assistant