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2025 DAILYLAW 2544 (GAU)

DEVI KUMARI CHETRY v. THE STATE OF ASSAM

I.A.(Civil)/3713/2025 · 2026-01-20

Soumitra Saikia

body2025

Judgment text

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Page No.# 1/5 GAHC010173812025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/3713/2025 DEVI KUMARI CHETRY W/O. DILLI BAHADUR CHETRY R/O. VILL.- NO. 1 BOGIBIL P/O. RAMPUR DEORI P/S. LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787031 2: SANDHIYA PANIKA W/O. DEVDAS PANIKA R/O. VILL.- NO. 1 BILGARH P/O. DIJU P/S. LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787031 3: KHALIDA JIYA D/O. FAIJUL ISLAM R/O. VILL.- RAMPUR P/O. RAMPUR DEORI P/S. AND DIST. LAKHIMPUR ASSAM PIN-787031 4: AFRUJA BEGUM W/O. NUR ALI R/O. VILL.- RAMPUR NO. 2 P/S. AND DIST. LAKHIMPUR ASSAM PIN-787031 Page No.# 2/5 5: RAFIQUL ISLAM S/O. NUR AHAMMAD R/O. VILL.- BILGARH BLOCK P/O. AND P/S. LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787031 6: ELIMA BEGUM W/O. ABDUL KASEM R/O. VILL.- NO. 1 PASNOI BONGALI P/S. AND DIST. LAKHIMPUR ASSAM PIN-787031 VERSUS THE STATE OF ASSAM REP BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-781006. 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM JURIPAR PANJABARI GUWAHATI-37 3:THE DISTRICT COMMISSIONER OF LAKHIMPUR NORTH LAKHIMPUR PIN-787001. 4:THE BLOCK DEVELOPMENT OFFICER RANGANADI DEVELOPMENT BLOCK NORTH LAKHIMPUR ASSAM PIN-787001 5:THE SECRETARY RAMPUR BOGIBIL GAON PANCHAYAT DIST. LAKHIMPUR ASSAM PIN-787031 6:HEMALATA PAWE DOLEY W/O. JIBON DOLEY R/O. VILL.- WARD NO. 7 RAMPUR RAJGARH KACHARI P/O. RAMPUR DEORI P/S. AND DIST. LAKHIMPUR Page No.# 3/5 ASSAM PIN-787031 7:PAHARI HAZARIKA S/O. JAGAT HAZARIKA R/O. VILL.- WARD NO. 8 RAJGARH KACHARI P/O. RAMPUR DEORI P/S. AND DIST. LAKHIMPUR ASSAM PIN-787031 8:DIGANTA PEGU S/O. ASHOK PEGU R/O. VILL.- WARD NO. 10 NO. 2 BOGIBIL P/O. RAMPUR DEORI P/S. LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787031 9:USHMAN ALI S/O. KASEM ALI R/O. VILL- WARD NO. 6 NO. 2 URANG BASTI P/O. RAMPUR P/S. AND DIST. LAKHIMPUR ASSAM PIN-787031 ------------ Advocate for : MR B DEORI Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 21.01.2026 Heard Mr. A Khanikar, learned counsel for the applicants/petitioners and Page No.# 4/5 Ms. JD Khound, learned counsel for the respondent nos. 6, 7, 8 & 9. This Interlocutory Application has been filed seeking leave to amend the writ petition for assailing the order dated 14.07.2025 passed by the Office of the Block Development Officer, Ranganadi Development Block, North Lakhimpur. In the accompanying writ petition being WP(C) No.4423/2025 according to the petitioner the order ought to have been assailed, however, at the time when the writ petition was filed, the applicants/ writ petitioners claim that the present order dated 14.07.2025 was not available with them. Ms. JD Khound, learned counsel for the respondents no. 6, 7, 8 & 9 strongly disputes the contention of the applicants/petitioners. It is submitted that this order was always available with the applicants and therefore, this ought to have been challenged when the writ petition was filed as the writ petition was filed pursuant to the order dated 14.07.2025. Therefore, the amendment sought to be made in the present application is nothing but an attempt to delay the proceedings and therefore, the amendment sought for is unwarranted. Having considered the submissions made by the learned counsel for the parties and pleadings available on records, this Court is of the view that the order dated 14.07.2025 passed by the opposite party no.4 is sought to be Page No.# 5/5 challenged by the applicants/writ petitioners. The petitioners have sought amendment on the ground that this order was not available with them but subsequently came to be available which statement and contention is strongly disputed by the respondents. Nevertheless, the facts remains that if the applicants/petitioners seeks to challenge the order dated 14.07.2025 and therefore, as the petitioner seeks amendment of the writ petition, this Court is of the view that the same should be allowed; however, the petitioner shall pay costs for not having been diligent at the time of filing the original writ petition. Accordingly, this Interlocutory Application is allowed and disposed of, subject to the payment of Rs.2000/- (Rupees Two Thousand only) to the respondents no. 6, 7, 8 & 9 through the learned counsel representing the respondents no. 6, 7, 8 & 9. Upon due payment, the petitioner should file an amended writ petition upon due intimation to the Registry regarding the payment of cost. JUDGE Comparing Assistant