The High Court allowed an impleading application in a writ petition regarding land acquisition compensation. The court directed that the petitioner's brother, a co-claimant, be impleaded as respondent No. 3 to ensure proper apportionment of the compensation.
Sanjay Agarwalla, son of late Tolaram Agarwalla, was impleaded as respondent No. 3.
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GAHC010039732018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 933/2018 in WP(C) 3832 of 17
1:SANDEEP AGARWALLA
S/O- LT TOLARAM AGARWALLA, R/O- ROYAL RESIDENCY, SIKARIA COMPOUND, CHRISTIAN BASTI, GHY-5
VERSUS
1:THE STATE OF ASSAM AND ANR
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE (LR) DEPTT., ASSAM SECRETARIAT (CIVIL), DISPUR, GUWAHATI
2:THE DEPUTY COMMISSIONER SIVASAGAR ASSA
Advocate for the Petitioner : MR. B K JAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HON BLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 03-04-2018
Heard Mr.B.K.Jain, learned counsel for the petitioner.
This is an application filed by the petitioner for impleading Sri Sanjay Agarwalla as respondent No.3. The subject matter of the writ petition is for a direction to the respondent authorities to pay his share arising out of land acquisition compensation for widening of National Highway 37 under Amguri Revenue Circle and his brother to whom the present petitioner wants to implead Mr.Sanjay Agarwalla is also a co-claimant. As the matter
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involves apportionment of the total compensation standing in the name of present petitioner and his brother Sanjay Agarwalla the brother of the present petitioner is necessary party in the present petition.
Accordingly, this petition is allowed thereby bringing Sri Sanjay Agarwalla son of late Tolaram Agarwalla, C/O Ramsahai Bhuramal, resident of Gaurisagar Tini Ali, P.O.Gaurisagar 785664, Dist.Sivasagar,Assam to be impleaded as respondent No. 3.
This application is accordingly, disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner's brother, who is a co-claimant of the land acquisition compensation, is a necessary party to be impleaded in the writ petition concerning apportionment of said compensation.
Sandeep Agarwalla
The State of Assam
The Deputy Commissioner Sivasagar
Sanjay Agarwalla
Prasanta Kumar Deka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
