PRA Nuravi Coal Mining Pvt Limited v. Bendangtoshi Mining Pvt Ltd
IA(C)/91/2025 · 2025-04-01
Kalyan Rai Surana, Yarenjungla Longkumer
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 4371 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 4371 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/3 GAHC040005092025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/91/2025 PRA Nuravi Coal Mining Pvt Limited having its principal place of business at PRA House Near Udyog Bhawan, Shanker Nagar, Raipur, Chattisgarh, India 492004 represented by its authorized signatory Mr Tapan Jyoti Bhuyan, Son of Niresh Ranjan Bhuyan, resident of House No.5, Hari Bhawan, Ambikagiri Nagar, Jyoti Path, Zoo Road, Kamrup (M) District, Guwahati 24, Assam
VERSUS Bendangtoshi Mining Pvt Ltd Flat No.3, House No.170, Elim Apartment, Bank Colony, Dimapur, Nagaland 797113 2:The Union of India Age: 0 Occupation : represented by the Secretary Ministry of Coal Govt of India Shastri Bhawan New Delhi 110001 3:The Nominated Authority Age: 0 Occupation : Ministry of Coal Govt of India Room No.120 F Wing 1st Floor Shastri Bhawan New Delhi 11000 Advocate for the Petitioner : M K Boro,
Page No.# 2/3 Advocate for the Respondent : Marto Kato, DSGI
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 02-04-2025 (K.R. Surana. J.)
Heard Mr. K. N. Choudhury, learned senior counsel assisted by T. K. Mishra, learned counsel for the applicant and Mr. M. Kato, learned Dy.S.G.I. appearing for the respondents no. 1 & 2. 2. By filing this interlocutory application, the applicant who is not a party in WP(C) 109 (AP) of 2025, is seeking leave of the Court to file an appeal as the applicant is adversely affected by the interim order dated 17-03-2025, passed in WP(C) 109 (AP) of 2025. 3. The learned senior counsel for the applicant has referred to the list of technically qualified bidders which is appended at page-159 of the connected memo of appeal and it is submitted that the said document, which was annexed to the writ petition, discloses that in respect of Namchik West Coal Block, two bidders whose names appear at Sl. Nos. 29 and 30 thereof were technically qualified bidders. Accordingly, it is submitted that the respondent no. 3, who had filed the said writ petition was aware of the interest which had accrued to applicant whose name appears at Sl.No. 30, as a technically qualified bidder. However, the writ petition was filed without arraying the applicant, a technically qualified bidder as a party respondent. Accordingly, it is submitted that the writ petition suffers from the vice of non-joinder of necessary parties.
Hence, it is
Page No.# 3/3 submitted that as the interest of the applicant is adversely affected, leave be granted to file the connected appeal. 4. It appears that the respondent no. 3 has not filed a Caveat. 5. We have heard the learned Dy.S.G.I. in the matter. 6. As the applicant has been able to demonstrate that its interest is adversely affected by the interim order, referred to hereinabove, the Court is inclined to allow this interlocutory application by granting leave to the applicant to file the connected appeal. 7. This interlocutory application stands disposed. JUDGE JUDGE Comparing Assistant