Petitioner filed writ petition against CJM regarding non-delivery of auction vehicle. Court held respondent Nos. 3 to 6 need not be joined as proper parties and returned petition with liberty.
Writ petition returned to petitioner implead appropriate parties; liberty to re-file granted; petition closed.
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GAHC040001222020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C) 49/2020
1:Toku Tapum
S/o Tku Beli, P/R/O Nama Village, PO Palin, Kra Daadi District, AP presently residing at Police Reserve Line, Hapoli, PO Ziro, Lower Subansiri District, AP
VERSUS
1:The CJM cum Civil Judge Sr Divn and 5 Ors Ziro, Lower Subansiri District, AP
2:The SP Lower Subansiri District Ziro AP
3:Bamin Tarang EAC cum Chairman Auction Board (Fortuner) Ziro Lower Subansiri District AP
4:Ramar Gab DTO cum Member Lower Subansiri District Ziro AP
5:Phassang Simi Inspector Ziro Police Station Cum Member
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Ziro
Lower Subansiri District AP
6:A N Singh MTO SP's Office cum member Lower Subansiri District Ziro A
Advocate for the Petitioner : T Kumar
Advocate for the Respondent : GA (AP)
BEFORE
HONBLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 07-02-2020
Heard Mr. T. Kumar, the learned counsel for the petitioner and Mr. I. Riram, the learned Additional senior Government Advocate for the State respondents No.2.
It is seen that in this writ petition the petitioner has impleaded respondent Nos.3 to 6 by name. It is submitted that the said respondent Nos.3 to 6 are Govt. servants and are the members of the Board constituted to auction the vehicle by Superintendent of Police, Lower Subansiri District, Ziro under the orders of the learned Chief Judicial Magistrate, Lower Subansiri, District, Ziro.
The learned counsel for the petitioner has been able to satisfy the Court that as he had not received the vehicle after auction, he had represented before the learned Chief Judicial Magistrate, Lower Subansiri District, Ziro for getting possession of the vehicle, as such, he is permitted to maintain the writ petition against the learned Chief Judicial Magistrate, Lower Subansiri District. However, the Court has not found any reason to issue notice on the respondent Nos.3 to 6, as they have acted as the Member of the Board and that they are Government Officials. There is no personal insinuation as to malafide against them and they have no personal liability so as to make them respondents in the writ petition.
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Accordingly, the writ petition is returned back to the petitioner who would be better advised to implead appropriate parties. Liberty to re-file the writ petition is granted.
Accordingly, this writ petition stands closed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether respondent Nos. 3 to 6, being government officials acting as members of the Board, are proper parties to implead in the writ petition for non-delivery of auction vehicle.
Toku Tapum
The CJM cum Civil Judge Sr Divn
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
