Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 14375 (GAU)

THE STATE OF ASSAM AND 3 ORS v. MD BAHARUL ISLAM

Review.Pet./185/2025 · 2025-08-12

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010130252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./185/2025 THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, WATER RESOURCES DEPTT., DISPUR, GUWAHATI 781006, ASSAM. 2: THE CHIEF ENGINEER WATER RESOURCES DEPTT. CHANDMARI GUWAHATI 03 ASSAM. 3: THE SUPERINTENDING ENGINEER NAGAON WATER RESOURCE CIRCLE NAGAON ASSAM. 4: THE EXECUTIVE ENGINEER MORIGAON WATER RESOURCE DIVISION MORIGAON ASSAM VERSUS MD BAHARUL ISLAM S/O ABUL HUSSAIN, VILL. AMIN PATTY, P.O. NAGAON, P.S. SADAR, DIST. NAGAON, ASSAM. Advocate for the Petitioner : MR R M DAS, SC, WATER RESOURCE Advocate for the Respondent : , Page No.# 2/4 Linked Case : WP(C)/3232/2022 MD. BAHARUL ISLAM S/O- ABUL HUSSAIN VILL- AMIN PATTY P.O- NAGAON P.S- SADAR DIST- NAGAON ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCE DEPARTMENT ASSAM DISPUR GUWAHATI-06 2:THE EXECUTIVE ENGINEER MORIGAON WATER RESOURCE DIVISION MORIGAON 3:THE SUPERINTENDING ENGINEER NAGAON WATER RESOURCE CIRCLE NAGAON 4:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT GOVERNMENT OF ASSAM CHANDMARI GUWAHATI-03 ------------ Advocate for : MR. M A SHEIKH Advocate for : SC WATER RESOURCE appearing for THE STATE OF ASSAM AND 3 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 13.08.2025 Heard Mr. R. M. Das, learned counsel for the petitioner. 2. The present review application has been filed praying for review of the common Judgment and Order dated 27.09.2022, passed by a co-ordinate Bench of this Court in WP(C).No.4734/2021 and other analogous matters. 3. Similar review petitions, assailing the judgment and order dated 27.09.2022, passed in WP(C).No.7833/2018 and other analogous matters was also a subject matter of challenge in Review Petition No.137/2025. 4. A Co-ordinate Bench of this Court on consideration of the matter was pleased to dismiss the said review petition vide order dated 30.07.2025. The conclusions drawn by the co-ordinate Bench in the order dated 30.07.2025, passed in Review Petition No.137/2025, being relevant is extracted hereinbelow: “5. Be that as it may, this Court finds that by the order dated 27.09.2022 direction was also issued to the Ministry of Jal Shakti to release the amount due under the scheme. The Ministry of Jal Shakti was duly represented by Mr. R. K. Dev Choudhury, learned Deputy Solicitor General of India but no objection was raised by the learned counsel for the respondents on the ground of nonjoinder of necessary party. Moreover, the said Ministry has also not sought any review of the order. 6. It was for the petitioners to implead the Ministry of Jal Shakti and if they had failed to do so resulting in a situation where the order dated 27.09.2022 cannot be implemented on technical grounds, even then, it would be for the writ petitioners to face the consequences. The same cannot, however, be a ground for this Court to review/ recall the order dated 27.09.2022, which was passed by this Court after hearing the Page No.# 4/4 learned counsel for the parties including the Deputy Solicitor General of India representing the Ministry of Jal Shakti in the Union of India as well as the Brahmaputra Board. 7. For the reasons stated herein above, this Court does not find any good ground to review the order dated 27.09.2022.” 5. This Court is in respectful agreement with the conclusions reached by the Co-ordinate Bench vide Judgment and Order dated 30.07.2025 in Review Petition No.137/2025. The issue arising in the present proceeding being similar to the one arising in Review Petition No.137/2025, the decision as arrived at therein, would squarely apply to the present Review Petition. 6. Accordingly, in view of the conclusions drawn above, the present Review Petition is held to be devoid of merit and the same consequently stands dismissed. However there would be no order as to costs. JUDGE Comparing Assistant