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2025 DAILYLAW 9623 (GAU)

M RAJA KISHORE v. GIREEN DAS AND ORS

I.A.(Civil)/921/2025 · 2025-05-20

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010060932025 2025:GAU-AS:6385 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/921/2025 M RAJA KISHORE REGIONAL EXECUTIVE DIRECTOR AAI, LOKPRIYO GOPINATH BORDOLOI INTERNATIONAL AIRPORT, BORJHAR, GUWAHATI- 781015 VERSUS GIREEN DAS AND ORS S/O- HARI BILASH DAS, R/O- VILL- MEDHIPARA MIRZAPUR, PS AZARA, DIST KAMRUP (M), ASSAM, PIN- 781017 2:KHALEQUR ZAMAN S/O LATE RAHMAN ALI R/O SOUTH SARANIA P.O.-ULUBARI P.S.-PALTAN BAZAR DIST- KAMRUP (M) ASSAM PIN-781007 3:AMINUL ISLAM S/O LATE MD. CHUNU ALI R/O LOWER MIRZAPUR P.O.-AZARA P.S.-AZARA DIST- KAMRUP (M) ASSAM PIN-781017 4:RAJIUL ISLAM S/O LATE RAJAT ALI R/O LOWER MIRZAPUR P.O.-AZARA Page No.# 2/3 P.S.-AZARA DIST- KAMRUP (M) ASSAM PIN-781017 5:GUNAJIT DAS S/O LATE DHARANI DAHR DAS R/O MIRZAPUR P.O.-AZARA P.S.-AZARA DIST- KAMRUP (M) ASSAM PIN-78101 Advocate for the Petitioner : MR V KUMAR, MS P. CHETTRI Advocate for the Respondent : MR. A K TALUKDAR, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 21.05.2025 1. Heard Ms. P. Chetry, learned counsel for the applicant/respondent No. 9 in the connected contempt petition through remote VC. 2. The present interlocutory application is filed for deleting the name of respondent No. 9 from the array of parties in the connected contempt petition being Cont.Cas(C)/50/2025. 3. The grievance raised in the connected writ petition being WP(C)/6374/2024 by the petitioner is that the petitioners were sought to be evicted from their patta land without any land acquisition process for construction of a road connecting to the LGBI Airport. Alleging that inspite of this Court’s order protecting their rights, the petitioners have been evicted. Page No.# 3/3 4. From the pleadings, it is seen that the construction of road was executed by the PWD department and an eviction was carried out with the help of the Revenue Authorities. Therefore, in the aforesaid backdrop, though the road was constructed as an approach road to the LGBI Airport, however, the respondent No. 9, who is the Director of LGBI, Airport, in the considered opinion of this Court cannot be made liable for violation of the order dated 19.12.2024 passed in WP(C) No. 6374/2024. Accordingly, the respondent No. 9 is not a necessary party for adjudication of the contempt petition and therefore, the name of the respondent No. 9 be deleted from the array of parties of the connected contempt petition being Cont. Cas(C) No. 50/2025. 5. The petitioner to furnish an amended cause title before the Registry. 6. This interlocutory application stands allowed to extent indicated herein above. JUDGE Comparing Assistant