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2025 DAILYLAW 3311 (GAU)

DR PRITOM KUMAR BORTHAKUR AND ORS v. SRI PREMJIT SARMA AND ORS

I.A.(Civil)/2174/2025 · 2026-05-14

Kaushik Goswami

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Judgment text

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Page No.# 1/4 GAHC010116892019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W I.A.(Civil)/2174/2025 DR PRITOM KUMAR BORTHAKUR AND ORS S/O SRI PORESH CHANDRA BORTHAKUR RESIDENT OF 402 B ASTHA APARTMENT SURVEY BASISTHA ROAD GUWAHATI KAMRUP M ASSAM 781028 2: DR. MADHUMITA ADHIKARI W/O DR. IRAN BHARALI RESIDENT OF 402 B ASTHA APARTMENT SURVEY BASISTHA ROAD GUWAHATI KAMRUP M ASSAM 781028 3: DR. PRANJIT KHANIKAR S/O SRI SATYENDRA NATH KHANIKAR RESIDENT OF HOUSE NO. 6 NABODAY PATH HENGRABARI GUWAHATI 781036 DIST KAMRUP M ASSAM 4: DR. BRAJENDRA LAHKAR S/O LATE SURENDRA CHANDRA LAHKAR RESIDENT OF 302 B ASTHA APARTMENT SURVEY BASISTHA ROAD Page No.# 2/4 GUWAHATI KAMRUP M ASSAM 781028 5: DR. ARUP KUMAR NATH S/O SRI BHADRESWAR NATH RESIDENT OF 4-D PAN RESIDENCY NAMGHAR PATH PANJABARI GUWAHATI 781037 DIST KAMRUP M ASSAM APPLICANT 1 TO 5 ARE REP. BY THEIR CONSTITUTED ATTORNEY DR. PALASH JYOTI MAZUMDAR 6: DR. PALASH JYOTI MAZUMDAR S/O SRI RATNESWAR MAZUMDAR RESIDENT OF HOUSE NO. 17 GOVT. PRESS ROAD BAMUNIMAIDAM GUWAHATI 781021 DIST KAMRUP M ASSAM VERSUS SRI PREMJIT SARMA AND ORS S/O LATE PRAFULLA CHANDRA SARMA DIRECTOR M/S MANISHA BUILD AND TRADE PVT. LTD. RESIDENT OF 11 MUKUNDA PATH RUKMINIGAON GUWAHATI-22 P.O. AND P.S. DISPUR KAMRUP(M) ASSAM. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY GUWAHATI DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6. 3:GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (GMDA) REPRESENTED BY THE CHAIRMAN GMDA STATEFED BUILDING BHANGAGARH GUWAHATI-5. 4:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY STATEFED BUILDING Page No.# 3/4 BHANGAGARH GUWAHATI-5. 5:JEUTI DAS W/O SRI SATYAJIT BHUYAN R/O FLAT NO. 201 MANISHA AVENUE RUKMINIGAON GUWAHATI-22 P.O. AND P.S. DISPUR DIST. KAMRUP METRO ASSAM ------------ Advocate for : S RABHA Advocate for : SC G M D A appearing for SRI PREMJIT SARMA AND ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 15.05.2026 Heard Mr. A. K. Chaudhury, learned counsel appearing for the applicants. Also heard Mr. N. Das, learned Government Advocate appearing for the respondent No. 1; Mr. S. Bora, learned counsel appearing for the respondent Nos. 2 & 3 and Mr. G. Choudhury, learned counsel appearing for the respondent No. 4. By way of this interlocutory application, the applicants i.e., Dr. Pritom Kumar Borthakur, Dr. Madhumita Adhikari, Dr. Pranjit Khanikar, Dr. Brajendra Lahkar, Dr. Arup Kumar Nath and Dr. Palash Jyoti Mazumdar, are seeking their impleadment as respondents in the connected writ petition being WP(C) No. 3455/2019. The applicants are the owners of the commercial space situated at the ground floor of the building, which the petitioner has Page No.# 4/4 developed by virtue of his agreement with the land owners. The issue involved in the connected writ petition is as regards the demolition of the building in question constructed by the promoter/petitioner on the ground of alleged deviation as raised by GMDA. In view of the aforesaid, though the presence of the applicants may not be necessary for maintaining the writ petition; however, their presence appears to be proper and essential for effective and full adjudication of the connected writ petition. Accordingly, the interlocutory application stands allowed. Resultantly, the applicants, i.e., Dr. Pritom Kumar Borthakur, Dr. Madhumita Adhikari, Dr. Pranjit Khanikar, Dr. Brajendra Lahkar, Dr. Arup Kumar Nath and Dr. Palash Jyoti Mazumdar, be impleaded as respondent Nos. 5, 6, 7, 8, 9 and 10 respectively, in the connected writ petition. Let an amended cause title be submitted before the Registry for doing the needful. JUDGE Comparing Assistant