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2025 DAILYLAW 21311 (GAU)

NAREN SAIKIA AND 7 ORS v. BONOSHREE SAIKIA AND 7 ORS

I.A.(Civil)/3756/2024 · 2025-09-07

Kaushik Goswami

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Judgment text

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Page No.# 1/5 GAHC010255762024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3756/2024 NAREN SAIKIA AND 7 ORS S/O LATE GHANA KANTA SAIKIA RESIDENT OF TARAJAN SONARI GOAN, ROAD NO. 2, PO AND DIST JORHAT ASSAM 785001 2: SRI ANKUR DAS S/O LATE LAKHI KANTA DAS RESIDENT OF TARAJAN SONARI GOAN ROAD NO. 2 PO AND DIST JORHAT ASSAM 785001 3: SRI SUBRATA BORDOLOI S/O SRI SAILEN KR. BORDOLOI RESIDENT OF TARAJAN SONARI GOAN ROAD NO. 2 PO AND DIST JORHAT ASSAM 785001 4: SRI BOLIN BORA S/O LATE JAGAT BORA RESIDENT OF VILLAGE BAHALIA GAON (PIJOLI CHAWK) PO RRL. PS PULIBAR DIST JORHAT ASSAM 785006 5: SRI JITENDRA SAHA S/O SRI LALAN SAHA RESIDENT OF HEZARIGAON PULIBAR PO RRL PS PULIBARI Page No.# 2/5 DIST JORHAT ASSAM 785006 6: SRI JUGAL DAS S/O LATE MADAN DAS RESIDENT OF TARAJAN SONARI GOAN ROAD NO. 2 PO AND DIST JORHAT ASSAM 785001 7: SRI BIMAN DAS S/O LATE MINADHAR SAIKIA RESIDENT OF TARAJAN SONARI GOAN ROAD NO. 2 PO AND DIST JORHAT ASSAM 785001 8: SRI LAKHI KANTA DAS S/O LATE SORURAM MUKTIAR RESIDENT OF TARAJAN SONARI GOAN ROAD NO. 2 PO AND DIST JORHAT ASSAM 78500 VERSUS BONOSHREE SAIKIA AND 7 ORS D/O- SUSHIL SAIKIA, RESIDENT OF VILLAGE- BARUA BARI GAON, POST OFFICE- JORHAT, POLICE STATION- JORHAT, DISTRICT- JORHAT, ASSAM, PIN-785101. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM TRANSPORT DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI 781006 3:THE MANAGING DIRECTOR ASSAM STATE TRANSPORT CORPORATION PALTAN BAZAR GUWAHATI PIN- 781008. 4:THE CHIEF ENGINEER (CIVIL) ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR Page No.# 3/5 GUWAHATI PIN- 781008. 5:THE ASSISTANT EXECUTIVE ENGINEER (CIVIL) ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR GUWAHATI PIN- 781008. 6:THE CHIEF ENGINEER(CIVIL) ASSAM STATE TRANSPORT CORPORATION JORHAT PIN -781036. 7:THE DIVISIONAL SUPERINTENDENT IN-CHARGE ASSAM STATE TRANSPORT CORPORATION JORHAT PIN- 781036. 8:THE DISTRICT COMMISSIONER JORHAT DISTRICT JORHAT 785001 Advocate for the Petitioner : MR B D DAS, MR H K SARMA,MR. H R DAS Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, MS N MAHANTA(R- 1),MR. TANUZ KASHYAP(R-1),N GAUTAM(R-1),MR. D J DAS(R-1),MISS. R R KAKATI (R- 1),MR. K N CHOUDHURY(R-1),SC, A S T C,GA, ASSAM Linked Case : NAREN SAIKIA AND 7 ORS VERSUS BONOSHREE SAIKIA AND 7 ORS Page No.# 4/5 ------------ Advocate for : MR B D DAS Advocate for : appearing for BONOSHREE SAIKIA AND 7 ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 08.09.2025 Heard Mr. H R Das, learned counsel for the applicants. Also heard Ms. R R Kakati, learned counsel for the respondent No. 1, Ms. M D Borah, learned counsel for the respondent No. 2 as well as Ms. S Deka, learned counsel for the respondent Nos. 3 to 7. 2. By way of this application, the applicant is seeking leave to file the connected Review Petition No. 14514/2024 against the order dated 29.10.2024 passed in WP(C) No. 4555/2024. 3. The grounds in support of the leave as sought for as averred in the leave application reads as hereunder – “3. That the applicants respectfully state that the aforementioned writ petition was filed by the writ petitioner/opposite party No. 1 without impleading the present applicants/review petitioners as party respondents in the writ petition No. WP(C) No. 4555/2024 although, there are necessary parties and aggrieved by the order dated 29.10.2024. In this regard, the applicants respectfully state that NIT dated 01.02.2024 for leasing out the space of 400 sq. ft for running business at ISBT, ASTC, Jorhat was issued arbitrary, illegal and in a hush hush manner as the applicants were not given a fair chance to participate in the Tender process. To the best of the applicants’ knowledge the impugned NIT dated 01.02.2024 was not published in any local newspaper or official website therefore, the applicants were in complete dark about the issuance of the NIT in reference and the entire process of settlement of leashing out 400 sq. ft area wherein, the present applicants are running their petty business and earning Page No.# 5/5 their livelihood only to accommodate the opposite party No. 1 by depriving the applicants to participate in the tender process. 4. That the applicants respectfully state that in any view of the matter the impugned order dated 29.10.2024 passed in WP(C) No. 4555/2024 has affected the rights of the applicants and therefore, leave may be granted to the applicant for filing review petition against the impugned order dated 29.10.2024 passed in WP(C) No. 4555/2024. ” 4. Learned counsels appearing for the respondents submitted that the order dated 29.10.2024 passed by this Court require no review. However, the said submission appears to be on the merits of the review sought for. 5. Be that as it may, considering the grounds of leave, the applicants are granted leave in the connected review petition filed against the impugned order dated 29.10.2024 passed in WP(C) No. 4555/2024. 6. Accordingly, this Interlocutory Applications stands allowed. 7. Registry to register and number the connected review petition. 8. It is needless to be clarified that the review has to be considered on its own merits and the leave granted by this Court shall have no bearing on the merit of the review petition. JUDGE Comparing Assistant