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2025 DAILYLAW 15840 (GAU)

HUSSAIN ALI v. THE STATE OF ASSAM AND ORS

I.A.(Civil)/2216/2025 · 2025-07-18

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010151742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2216/2025 HUSSAIN ALI S/O ABU TAHER LAI, R/O VILL. ISSAPUR P.O. TULSIBARI P.S RANGIA DIST. KAMRUP ASSAM VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI 6 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR PANJABARI GUWAHATI 37 3:THE DEPUTY COMMISSIONER KAMRUP ASSAM AMINGAON 4:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD KAMRUP DIST. KAMRUP ASSAM 5:THE BLOCK DEVELOPMENT OFFICER RANGIA DEVELOPMENT BLOCK RANGIA KAMRUP ASSA Advocate for the Petitioner : MR. J I BORBHUIYA, MR. L MOHAN,MRS. K H CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 19-07-2025 Heard Mr. L. Mohan, learned counsel for the applicant/petitioner. Also heard Mr. AK Ghosh, learned counsel for the P&RD Department and Mr. A. Chakrabrarty, learned Junior Government Advocate, Assam. This application is filed by the applicant seeking impleadment of the Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 as a party respondent in the accompanying writ petition being WP(C) No.3346/2023. Learned counsel for the applicant/petitioner submits that the writ petition has been filed seeking a direction for disbursement of due remuneration of the petitioner who was working as a President of 14 No. Bichennala Gaon Panchayat under Rangiya Anchalik Panchayat, Kamrup, Assam. It is submitted that the Finance Department is a necessary party, however, inadvertently the Finance Department was not arrayed as a party respondent in the accompanying writ petition. He has, therefore, filed an application seeking impleadment of the Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 as the respondent no.6 in WP(C) Page No.# 3/4 No.3346/2023. Learned counsel for the P&RD Department and the learned State Government, Assam, do not object to the prayer made by the learned counsel for the applicant/petitioner. Taking into consideration of the submissions made by the learned counsel for the applicant and also upon consideration of the averment made in the Interlocutory Application as well as in the writ petition, it is seen that since the claims of the writ petitioner are in respect of disbursement of the remuneration during his service tenure as the President of 14 No. Bichennala Gaon Panchayat under Rangiya Anchalik Panchayat, Kamrup, Assam, which is due, the views of the Finance Department are considered to be essential and therefore, this Court is of the view that the Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 is a necessary party and the Department should be arrayed as a party respondent no.6 in WP(C) No. 3346/2023. Accordingly, Interlocutory Application also stands allowed and disposed of. The Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 is arrayed as a party respondent no.6 in WP(C) No.3346/2023. A Copy of this order be retained in the case records of WP(C) No.3346/2023. The applicant/petitioner will file amended cause title before the Page No.# 4/4 Registry within 2 (two) weeks from today. JUDGE Comparing Assistant