Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 24784 (GAU)

NUR MAHAMMAD ALI v. THE STATE OF ASSAM

I.A.(Civil)/3478/2025 · 2025-11-09

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010191002025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3478/2025 NUR MAHAMMAD ALI SON OF LATE MAKCHER ALI, RESIDENT OF WARD NO-8, BARAMA ROAD, NALBARI, P.O. NALBARI, DISTRICT- NALBARI, ASSAM, PIN- 781335 VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOREST DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-06 2:THE CHIEF SECRETARY SISPUR GUWAHATI ASSAM 781006 3:THE PRINCIPAL CHIEF CONSERVATION OF FORESTS ARANYA BHAWAN PANJABARI GUWAHATI ASSAM 781037 4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI 781037 5:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM Page No.# 2/3 PANCHAYAT AND RURAL DEVLEOPMENT (B) DEPARTMENT GUWAHATI ASSAM GUWAHATI 78100 Advocate for the Petitioner : MR. J KALITA, DIKSHITA DEKA Advocate for the Respondent : SC, FOREST, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 10.11.2025 Heard Mr. J. Kalita, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel, Forest Department and Mr. A. Chakrabroty, learned counsel appearing for the respondent No.2. This is an application praying for impleadment of the Commissioner, Panchayat and Rural Development Department and the Deputy Secretary of Panchayat and Rural Development Department as party respondents No.4 and 5 in the connected WP(C) 734/2024. The applicant/petitioner has approached this Court by filing connected WP(C) 734/2024 seeking appointment on compassionate ground under the Department of Forest, Govt. of Assam. It is the submission of the learned counsel for the applicant that although the appointment sought for on compassionate ground is in the department of Forest, the SLC has shown the vacancy in the department of Panchayat and Rural Development Department, therefore, the Panchayat & Rural Development Department is a necessary party for proper adjudication of the matter in the connected writ petition. Learned counsel for the respondents submits that they would not have any objection for impleading of the department of Panchayat and Rural Development Department in view of Page No.# 3/3 the fact that the vacancy shown is under the said department. Having considered the submissions of the learned counsel for the parties that the grievance of the applicant is for appointment on compassionate ground and the vacancy shown is under the department of Panchayat and Rural Development Department, I am of the view that the said department sought to be impleaded is a necessary party for proper adjudication of the issues involved in the connected writ petition. Accordingly, the Commissioner, Panchayat and Rural Development Department and the Deputy Secretary of Panchayat and Rural Development Department are hereby allowed to be impleaded as as party respondents No.4 and 5 in the connected writ petition. I.A. stands allowed and disposed of. JUDGE Comparing Assistant