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2026 DAILYLAW 11182 (GAU)

THE STATE OF ASSAM AND 5 ORS. v. ARUN KONWAR AND ANR

I.A.(Civil)/52/2026 · 2026-07-26

Kalyan Rai Surana, Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/4 GAHC010191832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/52/2026 THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 6 2: THE DEPUTY GENERAL GENERAL OF POLICE (CR) DIPHU KARBI ANGLONG 3: THE SUPERINTENDENT OF POLICE GOLAGHAT ASSAM 4: THE SUPERINTENDENT OF POLICE JORHAT ASSAM 5: THE SUPERINTENDENT OF POLICE DIBRUGARH ASSAM 6: THE COMMANDANT 1ST A.P. BN LIGIRIPUKHURI NAZIRA SIBSAGAR ASSAM VERSUS ARUN KONWAR AND ANR S/O SURENDRA KONWAR Page No.# 2/4 R/O BANGMURIA KONWAR GAON P.S. SIMALUGURI DIST. SIBSAGAR ASSAM. 2:ACHYUT HATIMURIA S/O LATE SUKRAM HATIMURIA R/O BANGMURIA KONWAR GAON P.S. SIMALUGURI DIST. SIBSAGAR ASSAM. ------------ Advocate for : MR. D NATH (SR. GA ASSAM) Advocate for : DR R C BORPATRA GOHAIN appearing for ARUN KONWAR AND ANR Linked case : WA/306/2025 THE STATE OF ASSAM, REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GUWAHATI 6 VERSUS ARUN KONWAR AND 6 ORS S/O SURENDRA KONWAR, R/O BANGMURIA, KONWAR GAON, P.S. SIMALUGURI, DIST. SIBSAGAR, ASSAM. 2:ACHYUT HATIMURIA RO BANGMURIA KONWAR GAON P.S. SIMALUGURI DIST. SIBSAGAR ASSAM. 3:THE DEPUTY GENERAL GENERAL OF POLICE (CR) DIPHU KARBI ANGLONG DIPHU KARBI ANGLONG 4:THE SUPERINTENDENT OF POLICE GOLAGHAT ASSAM GOLAGHAT ASSAM Page No.# 3/4 5:THE SUPERINTENDENT OF POLICE JORHAT ASSAM JORHAT ASSAM 6:THE SUPERINTENDENT OF POLICE DIBRUGARH ASSAM DIBRUGARH ASSAM 7:THE COMMANDENT 1ST AP BN LIGIRIPUKHURI NAZIRA SIBSAGAR ASSA Advocate for the Petitioner : MR. D NATH, SR. GA, ASSAM Advocate for the Respondent : DR R C BORPATRA GOHAIN, FOR CAVEATOR,MR. R D PHUKAN,MRS S BARPATRAGOHAIN BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.07.2026 (K.R. Surana, J) Heard Mr. D. Nath, learned Senior Government Advocate appearing for the applicants. Also heard Dr. R.C. Borpatra Gohain, learned senior counsel assisted by Ms. S. Barpatragohain, learned counsel for the respondent nos.1 and 2, who have entered appearance by filing caveator. 2. By filing this interlocutory application under Article 226 of the Constitution of India, the applicants, who are the appellants in the connected intra-court appeal has prayed for transposition of proforma respondent nos.3 to 7 as appellants nos.2 to 6. 3. It is submitted that the said authorities are required to be impleaded as appellants instead of respondents and that due to an inadvertent mistake, Page No.# 4/4 they were shown as proforma respondent nos. 3 to 7. 4. Having heard the learned senior counsel for the respondent nos.1 and 2, the prayer is allowed. 5. Accordingly, the transposition of the proforma respondent nos.3 to 7 as appellant nos.2 to 6 in the connected intra-court appeal is allowed. 6. The appellants shall file an amended cause-title within 2(two) working days and hand over the same to the AO(J), Writ Appeal Section. 7. On such filing, the amended cause title shall be incorporated in the memo of appeal, with corresponding alteration of the CIS database, and thereafter, the connected appeal shall be listed in the admission column. 8. Accordingly, this interlocutory application is allowed and disposed of. JUDGE JUDGE Comparing Assistant