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2025 DAILYLAW 5939 (GAU)

MAZAHARUL SULTAN v. THE STATE OF ASSAM AND ORS

I.A.(Civil)/254/2025 · 2025-03-04

Manish Choudhury

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010010122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/254/2025 MAZAHARUL SULTAN S/O- LATE RUSTAM ALI, R/O- BHITORSUTI, GOTLONG, P.O- KALIABHOMORA, DIST- SONITPUR, ASSAM, PIN-784027 VERSUS THE STATE OF ASSAM AND ORS REP. BY SECRETARY MINISTRY OF PETROLEUM AND NATURAL GAS, SHASTRI BHAWAN, NEW DELHI Advocate for the Petitioner : MR. P MAHANTA, Advocate for the Respondent : SC, WATER RESOURCE, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 05-03-2025 Heard Mr. P. Mahanta, learned counsel for the applicant; Ms. R.M. Deka, learned Standing Counsel, Water Resources Department for the opposite party nos. 1, 3 & 4; and Mr. N. Goswami, learned Junior Government Advocate, Assam Page No.# 2/3 for the opposite party nos. 2 & 5. 2. The applicant as the writ petitioner has preferred the accompanying writ petition, W.P.[C] no. 397/2024. 3. The applicant-writ petitioner has preferred the instant interlocutory application seeking impleadment of - ‘the Director of Surveys, Assam, Rajahnagar, Dakhin Guwahati, Guwahati – 781014’ - as party-respondent no. 6 in the accompanying writ petition. 4. The learned counsel for the opposite parties have submitted that they have no objection to the prayer made in this interlocutory application. 5. I have gone through the statements and averments made in this interlocutory application, more particularly, paragraph 3, paragraph 4 & paragraph 5 thereof, wherein the applicant-writ petitioner has mentioned the reasons as to why the proposed party-respondent is a necessary party for adjudication of the issues involved in the accompanying writ petition. 6. Having gone through the statements and averments made in this interlocutory application, I am of the considered view that for the purpose of adjudicating the issues involved in the accompanying writ petition, the presence of ‘the Director of Surveys, Assam, Rajahnagar, Dakhin Guwahati, Guwahati – 781014’ will be necessary. Accordingly, the instant interlocutory application is allowed. 6. The applicant-writ petitioner shall file an amended cause-title in terms of Page No.# 3/3 the Notification no. 79 dated 19.06.2023 before the Registry within 2 [two] working days from today and on submission of the amended Cause-Title, the Registry shall do the necessary corrections in the Cause-Title of the writ petition as well as in the CIS. JUDGE Comparing Assistant