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2026 DAILYLAW 16769 (GAU)

MD YAKUB ALI v. SHRI HIREN SENSUA BARUAH AND ORS

I.A.(Civil)/3099/2026 · 2026-10-08

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010187162026 2026:GAU-AS:15311 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3099/2026 MD YAKUB ALI SON OF MD. ISHAHAQUE ALI, RESIDENT OF JAPIHAJIA, P.O.-RAJMAI, P.O.- DEMOW, DISTRICT-SIVASAGAR, ASSAM. VERSUS SHRI HIREN SENSUA BARUAH AND ORS , SON OF LATE KHAGEN BARUAH, RESIDENT OF TOWRA, JAPISAJIA, POST OFFICE- P.S.- DEMOW, DISTRICT-SIVASAGAR, ASSAM, PIN-785671. 2:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF ASSAM. DISPUR GUWAHATI PIN781006. 3:THE DISTRICT COMMISSIONER SIVASAGAR DISTRICT- SIVASAGAR PIN785640 ASSAM. 4:THE CO DISTRICT COMMISSIONER DEMOW P.O. P.S.- DEMOW PIN785662 ASSAM. 5:THE CIRCLE OFFICER DEMOW REVENUE CIRCLE Page No.# 2/3 P.O. P.S.- DEMOW PIN785662 DISTRICT- SIVASAGAR ASSAM Advocate for the applicant(s): Mr. TR Sarma Advocate for the respondent(s): Mr. UK Goswami For opposite party No.1 Mr. J Handique, Govt. Advocate B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 09.10.2026 Heard Mr. TR Sarma, the learned counsel appearing on behalf of the applicant. Mr. UK Goswami, the learned counsel appears on behalf of the writ petitioner/opposite party No.1 and Mr. J Handique, the learned Government Advocate, Assam. 2. This is an application filed by the applicant seeking impleadment as respondent No.5 in the accompanying writ petition being WP(C)No.5295/2025 on the ground that in respect to the dispute involved in the writ petition the applicant has an interest, inasmuch as the applicant has entered into an agreement for sale with the writ petitioner for sale of the land which have been acquired, and, therefore, the applicant also have a right for the compensation. 3. Mr. U.K. Goswami, the learned counsel appearing on behalf of the writ petitioner has submitted that the petitioner had filed an objection on the ground Page No.# 3/3 that the agreement for sale with the applicant has been cancelled and the applicant had received double the amount of the advance received. 4. Taking into account that the issue involved in the accompanying writ petition concerns the dispute between the applicant and the writ petitioner, this Court is of the opinion that the applicant herein though not a necessary party, but is a proper party to the accompanying writ petition. 5. Accordingly, this Court impleads the applicant as the respondent No.5 to the accompanying writ petition. 6. The learned counsel appearing on behalf of the petitioner is directed to file a fresh memo of parties before the Registry of this Court within 3(three) days from today and the Registry shall, on the basis thereof, make necessary correction in the cause title and update the same in the CIS. 7. Interlocutory application, accordingly, stands disposed of. JUDGE Comparing Assistant