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2025 DAILYLAW 26177 (GAU)

MD. RABIUL HUSSAIN @ RABIUL HOQUE @ MD. RABIYAL HOQUE v. THE UNION OF INDIA AND ORS

I.A.(Civil)/2578/2025 · 2025-11-27

Sanjay Kumar Medhi, Susmita Phukan Khaund

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010174912025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2578/2025 MD. RABIUL HUSSAIN @ RABIUL HOQUE @ MD. RABIYAL HOQUE S/O LATE TOMEJ UDDIN, R/O VILL- LAKHIPUR, P.S.- KACHUMARA, DIST- BARPETA (ASSAM) VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI- 1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME AND POLITICAL DISPUR GUWAHATI-6 3:THE DISTRICT COMMISSIONER OF BARPETA P.O. AND DIST- BARPETA ASSAM PIN-781301 4:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA P.O. AND DIST- BARPETA ASSAM PIN-781301 5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1 Page No.# 2/4 6:THE STATE CO-ORDINATOR OF NRC OF ASSAM BHANGAGARH GUWAHATI- Advocate for the Petitioner : MD A ALI, MR N ISLAM Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T,SC, NRC Linked Case : WP(C)/4111/2025 MD. RABIUL HUSSAIN @ RABIUL HOQUE @ MD. RABIYAL HOQUE S/O LATE TOMEJ UDDIN R/O VILL- LAKHIPUR P.S.- KACHUMARA DIST- BARPETA (ASSAM) VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA SHASTRI BHAWAN TILOK MARG NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME AND POLITICAL DISPUR GUWAHATI-6 3:THE DISTRICT COMMISSIONER OF BARPETA P.O. AND DIST- BARPETA ASSAM PIN-781301 4:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA P.O. AND DIST- BARPETA ASSAM PIN-781301 Page No.# 3/4 5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1 6:THE STATE CO-ORDINATOR OF NRC OF ASSAM BHANGAGARH GUWAHATI-5 ------------ Advocate for : MD A ALI Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 28.11.2025 (S.K. Medhi, J) Heard Shri A. Ali, learned Counsel for the applicant - writ petitioner, who by means of this application has prayed for impleading the following incumbents as party respondents in the connected writ petition in place of the existing respondent nos. 3 and 4 :- (i) District Commissioner, Kamrup (Rural) - respondent no.3. (ii) Superintendent of Police (Border), Kamrup (Rural) - Respondent no. 4. It is submitted that due to inadvertence, the necessary parties were left out and improper parties were arrayed as respondents. Also heard G. Sarma, learned Standing Counsel, Home Department and NRC as well as Shri P. Sarma, learned State Counsel who do not oppose the aforesaid prayer. Considering the above, the present prayer is allowed by permitting the Page No.# 4/4 applicant –writ petitioner to replace the existing respondent nos. 3 and 4 by those who have been mentioned above. Applicant –writ petitioner is required to file amended cause title in the writ petition. The Interlocutory Application accordingly stands disposed of. JUDGE JUDGE Comparing Assistant