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2026 DAILYLAW 3117 (GAU)

ASHOK KUMAR SARMA v. THE UNION OF INDIA AND 5 ORS

I.A.(Civil)/751/2026 · 2026-03-30

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010004922026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/751/2026 ASHOK KUMAR SARMA S/O LATE UPENDRA NATH SARMA. R/O.- VILL - LAKHIMARI P.O - LAKHIMARI P.S. GOLAKGANJ DIST DHUBRI ASSAM PIN-783334 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS NORTH BLOCK CABINET SECRETARIAT RAISINA HILL NEW DELHI-110001 INDIA. 2:THE DIRECTOR GENERAL BORDER SECURITY FORCE BLOCK NO. 10 CGO COMPLEX LODHI ROAD NEW DELHI PIN 110003 3:THE ADDITIONAL DIRECTOR GENERAL Page No.# 2/3 HQR SPL DG BSF EC KOLKATA WEST BENGAL KOLKATA PIN-700062. 4:THE CHIEF LAW OFFICER LAW DET LITIGATION BRANCH FHQ BSF 2ND FLOOR BLOCK NO. 10 CGO COMPLEX LODHI ROAD NEW DELHI PIN-110003. 5:THE COMMANDANT HQ. MC FT BSF 170 BN BSF DHOLCHERA CACHAR ASSAM PIN - 788127. 6:THE COMMANDANT 38TH BATTALION BORDER SECURITY FORCE NORTH SECTOR DIST. JAISALMER RAJASTHAN PIN - 345001 ------------ Advocate for : MR A SARANIA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 31.03. 2026 It is submitted that Interlocutory Application has been filed by the learned counsel for the applicant, seeking leave of the Court to implead the opposite Page No.# 3/3 party/ respondent No. 6 as commandant 38th Battalion, Border Security Force, North Sector, Dist. Jaisalmer, Rajasthan, PIN – 345001 in WP(C) No. 462 of 2026. It is submitted that the writ petition No. 462 of 2026 was filed by the petitioner challenging the order of dismissal from service. The said order was passed by the Commandant 38th Battalion, Border Security Force. Therefore, the said opposite party No. 6 in the Interlocutory Application is a necessary party in respect of the relief prayed for by the writ petitioner. Under such circumstances, this Interlocutory Application has been filed. Mr. B. Charkravarty, learned CGC appears for the respondents does not object to the prayer made. In that view of that matter and upon taking into consideration the submissions made by the learned counsel for the petitioner, this Court is of view that Interlocutory Application can be allowed at this stage without issuing any notice. Accordingly, this Interlocutory Application stands allowed and the opposite party/ respondent No. 6, namely the Commandant 38th Battalion, Border Security Force, North Sector, Dist. Jaisalmer, Rajasthan is arrayed as party respondent No. 6 in WP(C) No. 462 of 2026. The petitioner will file the amended cause title within 2 (two) weeks. Accordingly this I.A. stands allowed and disposed of. JUDGE Comparing Assistant