This interlocutory order allowed an application for impleadment of landowners as necessary respondents in a writ petition concerning eviction of an adjacent plot, directing their array as respondents numbers 5 to 14.
Applicants allowed to be arrayed as respondent nos. 5 to 14 in the Writ Petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010002622021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/115/2021
KANDARPA SARMA AND 10 ORS. S/O. LATE KHAGENDRA NATH SARMA, R/O. KAMAKHYA HILLS, P.O. KAMAKHYA, P.S. JALUKBARI, GHY-10, DIST. KAMRUP(M), ASSAM
2: MONORAMA DEVI W/O. LATE JIBANATH SARMA S/O. LATE KHAGENDRA NATH SARMA R/O. MALIGAON CHARIALI NEAR OVER BRIDGE P.O. PANDU P.S. JALUKBARI GHY-12 DIST. KAMRUP(M) ASSAM
3: PRADIP KUMAR SARMA S/O. LATE KHAGENDRA NATH SARMA R/O. MALIGAON CHARIALI NEAR OVER BRIDGE P.O. PANDU P.S. JALUKBARI GHY-12 DIST. KAMRUP(M) ASSAM 4: GIRIBALA DEVI W/O. LATE HEMANDRA NATH SARMA R/O. NILACHALPUR MALIGAON (NEAR LCB COLLEGE) P.O. N.F. RLY. H.Q. P.S. JALUKBARI GHY-11 DIST. KAMRUP(M) ASSAM
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5: PARAG KUSUM DEVI W/O. SRI PABAN SARMA R/O. A.T. ROAD NAGAON P.O. P.S. AND DIST. NAGAON ASSAM PIN-782001 6: HIMANI DEVI D/O. SRI HAMENDRA NATH SARMA R/O. NILACHALPUR MALIGAON (NEAR LCB COLLEGE) P.O. N.F. RLY. H.Q. P.S. JALUKBRI GHY-11 DIST. KAMRUP(M) ASSAM 7: ALAKA DEVI D/O. SRI HAMENDRA NATH SARMA R/O. NILACHALPUR MALIGAON (NEAR LCB COLLEGE) P.O. N.F. RLY. H.Q. P.S. JALUKBRI GHY-11 DIST. KAMRUP(M) ASSAM 8: RAJIB SARMA S/O. ASHOK NATH SARMA R/O. MALIGAON CHARIALI NEAR OVER BRIDGE P.O. PANDU P.S. JALUKBARI GHY-12 9: RAJU SARMA S/O. ASHOK NATH SARMA R/O. MALIGAON CHARIALI NEAR OVER BRIDGE P.O. PANDU P.S. JALUKBARI GHY-12 10: M/S SHREEMOYEE CONSTRUCTION REP. BY ITS PROPRIETOR SRI RATUL PRASAD SARMA
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LOCATED NEAR KAMAKHYA MANDIR P.O. KAMAKHKYA P.S. JALUKBARI GHY-10 DIST. KAMRUP(M) ASSAM 11: RATUL PRASAD SARMA S/O. HIRANYA PRASAD SARMA R/O. KAMAKHYA HILL P.O. KAMAKHYA P.S. JALUKBARI GHY-10 DIST. KAMRUP(M) ASSA VERSUS
BASANTA DAS AND 3 ORS. S/O. LATE KANTH RAM, R/O. BORIPARA, MALIGAON CHARIALI, W/NO.3, P.S. JALUKBARI, DIST. KAMRUP(M), ASSAM, PIN-781012
2:THE STATE OF ASSAM REP .BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM REVENUE DEPTT. DISPUR GHY-6 3:THE DEPUTY COMMISSIONER KAMRUP (M) DIST. KAMRUP (M) ASSAM PIN-781001
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI-781001 DIST. KAMRUP (M) ASSA
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : MR N KALITA
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Linked Case : WP(C)/683/2020
BASANTA DAS S/O LT. KANTHI RAM R/O BORIPARA MALIGAON CHARIALI WARD NO. 3 P.S. JALUKBARI DIST. KAMRUP (M) ASSAM PIN 781012
VERSUS
THE STATE OF ASSAM AND 2 ORS. REP .BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPTT. DISPUR GUWAHATI-781006
2:THE DEPUTY COMMISSIONER KAMRUP (M) DIST. KAMRUP (M) ASSAM PIN-781001 3:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI-781001 DIST. KAMRUP (M) ASSAM -----------Advocate for : MR. N K KALITA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.
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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
15-03-2021
Heard Shri M.K. Boro, learned counsel for the applicants, who has filed this application seeking impleadment in WP(C) 683/2020 as party respondents.
The learned counsel submits that the applicants are the owners of a plot of land which is just behind the plot of land which is the subject matter of dispute in respect of which the opposite party / writ petitioner is sought to be evicted.
Shri Boro, the learned counsel accordingly submits that he has got vital interest in the present subject and therefore the present petition needs to be allowed.
On the other hand, Shri N. K. Kalita, learned counsel for the opposite party / writ petitioners submits that the applicants are not at all necessary parties as the plot of land which is the subject matter of dispute in the writ petition has got no connection with the plot which is under his possession.
Considering the rival submissions, this Court is of the view that interest of justice would require that an opportunity of hearing be also given to the applicants and therefore the present application is hereby allowed.
The applicants are accordingly directed to be arrayed as respondent nos. 5 to 14 in the Writ Petition.
Interlocutory Application accordingly is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the applicants having interest in adjacent land are necessary parties to the eviction writ petition.
Kandarpa Sarma and 10 Ors.
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
