Research › Search › Judgment

Gauhati High Court · body

2073 DAILYLAW 2 (GAU)

SMTI BANA TALUKDAR v. THE STATE OF ASSAM

I.A.(Civil)/2073/2026 · 2026-06-22

Manish Choudhury

Writ Petition (Civil)body2073

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010094472026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2073/2026 SMTI BANA TALUKDAR W/O LATE HITESH TALUKDAR VILL. HATKHOLA ANANDABAZAR P.S. BARPETA ROAD DIST. BAKSA PIN- 788720 2: SMTI RUNU TALUKDAR /O LATE HITESH TALUKDAR VILL. HATKHOLA ANANDABAZAR P.S. BARPETA ROAD DIST. BAKSASMTI. PRANASMITA TALUK 3: SMTI PRANASMITA TALUKDAR D/O LATE HITESH TALUKDAR VILL. HATKHOLA ANANDABAZAR P.S. BARPETA ROAD DIST. BAKSA VERSUS THE STATE OF ASSAM REPRESENTED BY ITS SECRETARY HOME DEPARTMENT DISPUR GUWAHATI-6 2:THE SUPERINTENDENT POLICE RESERVE BARPETA OWNER OF VEHICLE NO. AS-30/1510 - MARUTI GYPSY 3:SRI PRASENJIT BRAHMA S/O LATE JALESWAR BRAHMA VILL. RAMCHARTARI P.S. BARPETA ROAD DIST. BARPETA ASSAM DRIVER OF THE MARUTI GYPSY VIDE D/L NO. 2926/NB/2006/MISC VALID UP TO 04/05/2009 Page No.# 2/4 4:THE COLLECTOR KAMRUP METRO OFFICE OF THE DISTRICT COMMISSIONER KAMRUP METRO BAKIJAI BRANCH LICHUBAGAN GUWAHATI .RESPON ------------ Advocate for : MS D D ROY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM Linked Case : WP(C)/2825/2026 SMTI BANA TALUKDAR AND 2 ORS W/O LATE HITESH TALUKDAR, VILL. HATKHOLA, ANANDABAZAR, P.S. BARPETA ROAD, DIST. BAKSA, PIN- 788720. 2: SMTI RUNU TALUKDAR D/O LATE HITESH TALUKDAR VILL. HATKHOLA ANANDABAZAR P.S. BARPETA ROAD DIST. BAKSA PIN- 788720. 3: SMTI PRANASMITA TALUKDAR D/O LATE HITESH TALUKDAR VILL. HATKHOLA ANANDABAZAR P.S. BARPETA ROAD DIST. BAKSA PIN- 788720 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE SUPERINTENDENT POLICE RESERVE BARPETA (OWNER OF VEHICLE NO. AS-30/1510 - MARUTI GYPSY) PIN- 788270. Page No.# 3/4 3:PRASENJIT BRAHMA S/O LATE JALESWAR BRAHMA VILL. RAMCHARTARI P.S. BARPETA ROAD DIST. BARPETA ASSAM (DRIVER OF THE MARUTI GYPSY VIDE D/L NO. 2926/NB/2006/MISC VALID UP TO 04/05/2009) PIN- 788270 Advocate for the Petitioner : MS D D ROY, MS. M GAZLOO Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 23.06.2026 Heard Ms. D.D. Roy, learned counsel for the applicants and Mr. N. Das, learned Junior Government Advocate, Assam for the opposite party-respondent nos. 1 & 2. 2. The applicants as the writ petitioners have preferred the accompanying writ petition, W.P.[C] no. 2825/2026 seeking inter alia a direction to the opposite parties-respondent nos. 1 & 2 to make payment of the death claim in compliance of the Judgment and Order dated 29.06.2013 passed by the Motor Accidents Claims Tribunal, Kamrup at Guwahati in MAC Case no. 2554/2009. 3. The instant application has been filed by the applicants-writ petitioners seeking impleadment of the following authority :- ‘The Collector, Kamrup [Metro], Office of the District Commissioner, Kamrup [Metro], Bakijai Branch, Lichubagar, Guwahati’ Page No.# 4/4 - as party-respondent no. 4 in the accompanying writ petition. 4. It is averred that for adjudication of the issues raised in the accompanying writ petition, the proposed party-respondent is a necessary party. 5. I have gone through the statements and averments made in the application as well as the issues raised by the applicants-writ petitioners in the accompanying writ petition. 6. As the proposed party-respondent appears to be a necessary party for adjudication of the issues raised in the accompanying writ petition, the instant application is allowed. 7. The learned counsel for the applicants-writ petitioners is to file amended cause-title in terms of the Notification no. 79 dated 19.06.2023 before the Registry for impleadment of the afore-stated authority as party-respondent no. 4 within 2 [two] working days from today. 8. In the event of filing of an amended Cause-Title, Registry to carry out necessary corrections in the Cause-Title of the writ petition as well as in the CIS. After the necessary corrections, the accompanying writ petition is to be listed in the motion column accordingly. JUDGE Comparing Assistant