Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010042192025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1015/2025 AJIJUR RAHMAN S/O LT. HABIBAR RAHMAN VILL. TENGRIPAR P.O. NILBAGHAN P.S HOJAI DIST. HOJAI ASSAM PIN 782435 VERSUS KRISHNA KANTA SAHARI ACS AND ORS CIRCLE OFFICER HOJAI REVENUE CIRCLE HOJAI P.O AND P.S. HOJAI DIST. HOJAI ASSAM PIN 782435 2:NILAKSHI BAISHIYA ACS CIRCLE OFFICER HOJAI REVENUE CIRCLE HOJAI P.O AND P.S. HOJAI DIST. HOJAI ASSAM PIN 782435 3:SRI BIDYUT BIKASH BHAGWATI ACS DISTRICT COMMISSIONER HOJAI DIST HOJAI ASSAM 782435 4:DR. SONASHREE BRAHMA ACS ADDITIONAL DISTRICT COMMISSIONER HOJAI DIST HOJAI ASSAM 78243 Advocate for the Petitioner : MR. M U MONDAL, MR A ALIM SK,MR K ISLAM,MD. I H KHAN
Page No.# 2/4 Advocate for the Respondent : , Linked Case : Cont.Cas(C)/377/2023 AJIJUR RAHMAN S/O LT. HABIBAR RAHMAN VILL. TENGRIPAR P.O. NILBAGHAN P.S HOJAI DIST. HOJAI ASSAM PIN 782435 VERSUS KRISHNA KANTA SAHARI ACS CIRCLE OFFICER HOJAI REVENUE CIRCLE HOJAI P.O AND P.S. HOJAI DIST. HOJAI ASSAM PIN 782435 ------------ Advocate for : MR. M U MONDAL Advocate for : appearing for KRISHNA KANTA SAHARI ACS
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 07.04.2025 Heard Mr. M.U Mondal, learned counsel for the applicant. This interlocutory application has been filed seeking impleadment of Nilakshi Baishya, ACS, Circle Officer, Hojai Revenue Circle, Hojai, P.O. & P.S.- Hojai, Dist. Hojai, Assam, PIN 782435; Sri Bidyut Bikash Bhagwati, ACS, District Commissioner, Hojai, Dist- Hojai, Assam, PIN 782435 and Dr. Sonashree Brahma, ACS, Addl. District Commissioner, Dist- Hojai, Assam, PIN 782435 as respondents No. 2, 3 & 4 respectively in Cont. Cas(C) No. 377/2023. Page No.# 3/4 The learned counsel for the applicant submits that the directions contained in the order dated 19.10.2022 passed in W.P(C) No. 6657/2022 has not been carried out and meanwhile the incumbent who was serving as Circle Officer, Hojai Revenue Circle was transferred and therefore the new incumbent as required to be arrayed as party. After perusal of the order dated 19.10.2022 passed in W.P(C) No. 6657/2022, it is seen that the directions of the Co-ordinate Bench is to the Circle Officer to look into the grievance and pass necessary orders. According to the writ petitioner/applicant, the Deputy Commissioner and the Addl.
Deputy Commissioner, Hojai District are required to be impleaded as parties in view of the fact that the order directed to be passed by the Circle Officer could not be passed in view of sanction not being granted by the Deputy Commissioner and Addl. Deputy Commissioner. However, no such averment is found in the interlocutory application that has been filed. Under such circumstances, since the direction of the Court vide order dated 19.10.2022 passed in W.P.(C) No. 6657/2022 specifically in the Circle Officer, this Court is of the view that taking into consideration the submissions made by the learned counsel for the parties that the present incumbent holding the post of Circle Officer, Hojai Revenue Circle is required to be impleaded as party respondent, Smt. Nilakshi Baishya, ACS, Circle Officer, Hojai Revenue Circle, Hojai, P.O. & P.S.- Hojai, Dist. Hojai, Assam, PIN 782435 is directed to be impleaded as party respondent No. 2 in Cont. Case No. 377/2023. The prayer for impleadment of respondents No. 3 & 4 at this stage is declined in the absence of specific averments made seeking the necessity of impleading the said respondents No. 3 & 4 as party respondents. The interlocutory application stands allowed to the extent indicated above
Page No.# 4/4 and disposed of. The applicant will file amended cause title before the Registry within a period of two weeks from today. JUDGE Comparing Assistant