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2025 DAILYLAW 7277 (GAU)

FAYJUL HOQUE BARBHUIYA v. THE UNION OF INDIA AND ORS

I.A.(Civil)/438/2025 · 2025-02-23

Manish Choudhury

body2025

Judgment text

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Page No.# 1/3 GAHC010027242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/438/2025 FAYJUL HOQUE BARBHUIYA S/O- LATE RIAJ UDDIN BARBHUIYA, VILL- RONGPUR PART-I, P.S.- SILCHAR, DIST.- CACHAR (ASSAM). VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY ITS SECRETARY TO THE GOVT OF INDIA, MINISTRY OF SURFACE, TRANSPORT AND NATIONAL HIGHWAYS, TRANSPORT BHAWAN, NEW DELHI 2:THE DISTRICT COMMISSIONER CACHAR PIN- 788001. 3:THE COMPETENT AUTHORITY FOR NHIDCL CUM ADDITIONAL DISTRICT COMMISSIONER CACHAR SILCHAR PIN- 788001. 4:THE CIRCLE OFFICER SILCHAR SADAR CIRCLE SILCHAR PIN- 788001. 5:THE ASSISTANT SETTLEMENT OFFICER SILCHAR SADAR CIRCLE SILCHAR PIN- 788001 Advocate for the Petitioner : MR ABUL HEKAM MD REJWAN CHOUDHURY, MR. A H M R Page No.# 2/3 CHOUDHURY Advocate for the Respondent : DY.S.G.I., SC, NHIDC,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 24.02.2025 Heard Mr. A.H.M.R. Choudhury, learned counsel for the applicants; Mr. R.K. Talukdar, learned Standing Counsel, NHIDC for the opposite party no. 1; and Ms. M. Barman, learned Junior Government Advocate, Assam for the opposite party no. 2, 3, 4 & 5. 2. The instant Interlocutory Application, I.A.[Civil]/438/2025 is preferred seeking the impleadment of the following authority – “The National Highways & Infrastructure Development Corporation Ltd, represented by its Managing Director, 3rd floor, PTI Building-4, Parliament Street, New Delhi-110001” as party-respondent no. 6 in the connected writ petition, W.P.[C.] no. 4571/2024. 3. The applicant as the writ petitioner has preferred the connected writ petition, W.P.[C.] no. 4571/2024 seeking inter alia a direction for setting aside and quashing of an Order dated 13.03.2024. 4. It is averred that the proposed party-respondent no. 6 is a necessary party in the connected writ petition, W.P.[C.] no. 4571/2024 as the party-respondent no. 6 is the requiring authority, in the process of land acquisition wherein the impugned Order dated 13.03.2024 has been passed. Page No.# 3/3 5. Learned counsel for the opposite parties have submitted that they have no objection with regard to the prayer for impleadment. 6. The statements and averments made in the instant interlocutory application are perused. As the proposed party-respondent no. 6 is the requiring authority, the presence of the above authority as a party-respondent in the writ petition is found necessary for proper and effective adjudication of the issues involved in the writ petition. The instant Interlocutory Application, I.A.[Civil]/438/2025 is, therefore, allowed. 7. The learned counsel for the applicant-writ petitioner shall file an amended Cause-Title in terms of the Notification no. 79 dated 19.06.2023 before the Registry within 3 [three] working days from today and on filing of such amended cause-title, the registry to cause necessary corrections in the cause-title as well as in the CIS. JUDGE Comparing Assistant