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2026 DAILYLAW 2485 (GAU)

CAPOL AND 2 ORS v. THE STATE OF ASSAM AND 7 ORS

I.A.(Civil)/566/2026 · 2026-03-05

Manish Choudhury

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Judgment text

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Page No.# 1/4 GAHC010241502025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/566/2026 CAPOL AND 2 ORS CACHAR MODEL DUCK CUM POULTRY PROJEC BREEDING MARKETING AND PROCESSING DEVELOPMENT CO OPERATIVE LTD. CACHAR SILCHAR REPRESENTED BY ITS MANAGING DIRECTOR FARMAN ALI BARBHUIYA 2: FARMAN ALI BARBHUIYAN S/O LATE HAZI NUR ALI BARBHUIYAN R/O VILL- BIDRUHIPAR P.O.- HALIKHAL BAZAR P.S.- KACHUDARAM DIST- CACHAR ASSAM PIN-788116. MANAGING DIRECTOR CAPOL (CACHAR MODEL DUCK -CUM- POULTRY PROJECT BREEDING MARKETING AND PROCESSING DEVELOPMENT CO-OPERATIVE LTD) CACHAR SILCHAR DIST- CACHAR ASSAM 3: ALPANA BEGUM LASKAR D/O MAKABBIR ALI LASKAR VILL- KAZIDAHAR PART-I P.O.- KAZIDAHAR P.S.- SONAI PIN-788115 DIST- CACHAR ASSAM. CHAIRPERSON Page No.# 2/4 CAPOL (CACHAR MODEL DUCK -CUM- POULTRY PROJECT BREEDING MARKETING AND PROCESSING DEVELOPMENT CO-OPERATIVE LTD) CACHAR SILCHAR DIST- CACHAR ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT JANATA BHAWAN DISPUR GUWAHATI 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI-781006 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PANJABARI GUWHAATI-781037 4:THE JOINT COMMISSIONER O/O THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PANJABARI GUWAHATI-781037 5:THE FINANCIAL ADVISOR O/O THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PANJABARI GUWAHATI-781037 6:THE MISSION DIRECTOR ASSAM STATE RURAL LIVELIHOODS MISSION SOCIETY SIVA NATH GOGOI PATH PANJABARI NABAJYOTI NAGAR GUWAHATI-781037 Page No.# 3/4 7:THE DISTRICT COMMISSIONER CACHAR AND CHAIRMAN DRDA CACHAR SILCHAR DIST- CACHAR ASSAM PIN-788001 8:THE PROJECT DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY SILCHAR DIST- CACHAR ASSAM PIN-788001 ------------ Advocate for : MR NARAYAN UPADHAYAY Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM AND 7 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 06.03.2026 Heard Mr. J.P. Baruah, learned counsel for the applicants-writ petitioners; Ms. N. Bora, learned Standing Counsel, Panchayat & Rural Development Department [P&RD] for the opposite party nos. 1, 3, 4, 5 & 6; Mr. M. Bhuyan, learned counsel on behalf of Mr. B. Gogoi, learned Standing Counsel, Finance Department for the opposite party no. 2; and Mr. M. Chetia, learned Junior Government Advocate, Assam for the opposite party no. 7. 2. The instant interlocutory application is preferred by the applicants seeking impleadment of the following authority :- ‘The Chief Executive Officer, Cachar, Cachar Zilla Parishad, Cachar, Silchar’ as party-respondent no. 9 in the accompanying writ petition. 3. The applicants as the writ petitioners have preferred the accompanying writ petition Page No.# 4/4 seeking inter alia a direction for disbursement of a sum of Rs. 8,45,751/- for organizing training programme under DWCRA. It is averred that presence of the proposed party- respondent would be necessary for adjudication of the issues involved in the accompanying writ petition. It is further averred that the proposed party-respondent no. 9 has already admitted the bills submitted by the applicants-writ petitioners to the extent of Rs. 8,39,251/-. 4. From the facts averred in the instant interlocutory application, it transpires that the proposed party-respondent no. 9 would be necessary party for adjudication of the issues involved in the accompanying writ petition. 5. In view of the same, the interlocutory application stands allowed. 6. The learned counsel for the applicants-writ petitioners shall file an amended Cause- Title in terms of the Notification no. 79 dated 19.06.2023 within 3 [three] working days from today. On filing such amended Cause-Title by the learned counsel for the applicants-writ petitioners, the office to cause necessary corrections in the Cause-Title of the writ petition as well as in the CIS. JUDGE Comparing Assistant