Allowed

M/S. Sarala Brick Industry and Anr. v. the State of Assam and 4 Ors.

Gauhati HC8 Mar 2021I.A.(Civil)/444/2021

Case brief

AI extract

What is this about?

In order No. I.A.(Civil)/444/2021, the Gauhati High Court allowed an application for impleading the Assam State Pollution Control Board and its Regional Executive Engineer in a connected writ petition. The objection regarding the absence of the Standing Counsel's name was overlooked, as impleadment allows notice to be served. The application was disposed of with the impleadment granted.

What did the court decide?

The Interlocutory Application stands allowed thereby impleading the Assam State Pollution Control Board and the Regional Executive Engineer, Pollution Control Board, Assam as respondent Nos. 4 and 5 i

M/S. Sarala Brick Industry and Anr. Vs the… — Civil Procedure and Limitation | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010032722021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/444/2021

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M/S. SARALA BRICK INDUSTRY AND ANR.

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TO BE REP. BY ITS PROP. I.E., THE PETITIONER NO.2, VILL- SRIGRAM PART-I, P.O- CHAPOR, DIST- DHUBRI, ASSAM,

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2: ROFIJUL ISLAM S/O- ADAR ALI A R/O- VILL BANIYAPARA PART-II (MOFKAGURI) P.O- HATIPOTA P.S- CHAPOR DIST- DHUBRI ASSA

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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TO BE REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GHY- 6

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2:THE DEPUTY COMMISSIONER DHUBRI DIST- DHUBRI ASSAM

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3:THE CIRCLE OFFICER CHAPOR REVENUE CIRCLE DIST- CHAPOR ASSAM 4:THE ASSAM STATE POLLUTION CONTROL BOARD TO BE REP. BY ITS CHAIRMAN MILANPUR WEST JYOTINAGAR BAMUNIMAIDAM GHY- 4

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ASSAM

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5:THE REGIONAL EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM REGIONAL LABORATORY CUM OFFICE BONGAIGAON RATNAWALI HEIGHTS (1ST FLOOR) BACKSIDE OF BIRJHORA H. SCHOOL NEAR B.ED. COLLEGE BONGAIGAON P.O. AND DIST. BONGAIGAON ASSA

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Advocate for the Petitioner : MR A R BHUYAN

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Advocate for the Respondent : GA, ASSAM

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Linked Case : WP(C)/7767/2019

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M/S. SARALA BRICK INDUSTRY AND ANR. TO BE REP. BY ITS PROP I.E THE PETITIONER NO.2 VILL- SRIGRAM PART-I, P.O- CHAPOR, DIST- DHUBRI ASSAM 2: ROFIJUL ISLAM S/O- ADAR ALI A R/O- VILL BANIYAPARA PART-II (MOFKAGURI) P.O- HATIPOTA, P.S- CHAPOR, DIST- DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS TO BE REP. BY COMMISSIONER AND SECRETARY GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT DISPUR GHY- 6 2:THE DEPUTY COMMISSIONER DHUBRI, DIST- DHUBRI, ASSAM 3:THE CIRCLE OFFICER,CHAPOR REVENUE CIRCLE DIST- CHAPOR, ASSAM -----------Advocate for : MR A R BHUYAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 2 ORS

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BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

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ORDER

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Date : 08-03-2021

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Heard Mr. A. R. Bhuyan, learned counsel for the petitioners. Ms. M. Bhattacharjee, learned Addl. Senior Govt. Advocate and Mr. P. S. Deka, learned Standing Counsel Revenue Department are present.

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This application is filed in order to implead respondent Nos. 4 and 5, the Assam State Pollution Control Board represented by its Chairman, Milanur, West Joytinagar, Bamunimaidam, Guwahati, Assam 781004 and The Regional Executive Engineer, Pollution Control Board, Assam Regional Laboratory cum office::Bongaigaon , Ratnawali Heights(1^st Floor) backside of Birjhora H. School, Near B. Ed. Collect, Bongaigaon, P.O.Bongaigaon, Dist. Bongaigaon, Assam, respectively in the connected writ petition.

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The learned State counsel has no objection in impleading the said respondent Nos.4 and 5. However it is stated by Ms. Bhattacharyya that the name of the learned Standing Counsel, Pollution Control Board, Assam has not been shown in the cause list. It will not affect the interest of the Pollution Control Board inasmuch as after the impleadment, notice can be served to it and moreover they are necessary parties for disposal of the writ petition. Accordingly the petition is allowed thereby impleading the aforesaid parties as respondent Nos. 4 and 5 in the connected writ petition.

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With the above directions this Interlocutory Application stands allowed.

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JUDGE

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Comparing Assistant

M/S. Sarala Brick Industry and Anr. v. the State of Assam and 4 Ors.

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M/S. Sarala Brick Industry and Anr. v. the State of Assam and 4 Ors.

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