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2025 DAILYLAW 17130 (GAU)

ON THE DEATH OF PRADIP KUMAR GHOSH HIS LEGAL HEIRS SMT NANDITA GHOSH AND ANR v. P ASHOK BABU IAS AND ORS

I.A.(Civil)/2547/2025 · 2025-08-10

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010173042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2547/2025 ON THE DEATH OF PRADIP KUMAR GHOSH HIS LEGAL HEIRS SMT NANDITA GHOSH AND ANR REPRESENTING UD ASSISTANT, SON OF LATE PRASSANA KUMAR GHOSH, RESIDENT OF HENGRABARI, HEALTH COMPLEX, PO HENGRABARI, GUWAHATI DIST KAMRUP M ASSAM 781036 2: SMT. NANDITA GHOSH R/O H. NO. 47 JYOTI PATH ODAL BAKRA GUWAHATI-03 KAMRUP (M) ASSA VERSUS P ASHOK BABU IAS AND ORS COMMISSIONER AND SEC. GOVT OF ASSAM, HEALTH AND FAMILY WELFARE (A) DEPARTMENT, DISPUR, GHY-781006 2:JAYANT NARLIKAR IAS GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 3:DR. UMESH PHANGCHO THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-78103 Advocate for the Petitioner : MR S SARMAH, Page No.# 2/3 Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 11.08.2025 Heard Mr. S. Sarmah, learned counsel for the petitioner This application is filed by the applicant for impealdment of the present incumbent i.e. the opposite party no.3 in this Interlocutory Application, namely, Dr. Umesh Phangcho, the Director of Health Services Assam, Hengrabari, Ghy- 03 as the respondent no.3 in place of the earlier incumbent Mr. BP Basumatary in Contempt Petition (C) No.637/2024. It is submitted that Mr. BP Basumatary has already demitted his office and therefore, the directions contained in the order dated 01.06.2023 passed in WP(C) No.2146/2011 has not been complied with. Accordingly, the present Interlocutory Application has been filed seeking impleadment of the new incumbent, namely, Dr. Umesh Phangcho as the respondent no.3 in place of Mr. BP Basumatary. Learned counsel for the respondent no.1 and Mr. A. Chaliha, learned counsel for the respondent no.2 do not object to the prayer made. Accordingly, the Interlocutory Application is partly allowed at this stage without issuance of any notice as the respondents will get opportunity to file their affidavits in the contempt petition. Considering the submissions made by the learned counsel for the parties and averment made in the Interlocutory Application, the opposite party no.3, namely, Dr. Umesh Phangcho, the Director of Health Services Assam, Assam, Hengrabari, Ghy-03 is arrayed as the respondent no.4 in the Contempt Page No.# 3/3 Petition(C) No.637 of 2024. However, the name of the respondent no.3, namely, Mr. BP Basumatary is not deleted from the Contempt Petition. Interlocutory Application stands partly allowed and disposed of. Learned counsel for the applicant/petitioner shall file amended cause title before the Registry within 1 (one) week from today. JUDGE Comparing Assistant