Court allowed impleadment of Guwahati Medical College and Hospital as respondent No. 10 as a necessary party in a writ petition concerning non-payment of contractual bills executed through PWD.
Implead the Guwahati Medical College and Hospital represented by the Principal-cum-Chief Superintendent as respondent No. 10.
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GAHC010015752020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil) No.550/2021 In WP(C) No. 600/2020
DEWAN JAHEDUL ISLAM S/O- DEWAN SHAMEZ UDDIN R/O- VILL. NOTBOMA HOUSEFED P.O. AND P.S. HATIGAON DIST.- KAMRUP(M) ASSAM.
VERSUS
THE STATE OF ASSAM AND 9 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM PUBLIC HEALTH DEPTT. DISPUR GHY.-06.
2:THE DIRECTOR HEALTH AND FAMILY WELFARE GOVT. OF ASSAM. DISPUR GHY.-06. 3:THE JT. SECY. TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE (B) DEPTT. DISPUR GHY.-06. 4:THE SUPERINTENDING ENGINEER PWD ASSAM CHANDMARI GHY.-03. 5:THE CHIEF ENGINEER PWD ASSAM CHANDMARI
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GHY.-03. 6:THE EXECUTIVE ENGINEER PWD GUWAHATI BUILDING DIVISION NO. II DISPUR GHY.-06. 7:THE ACCOUNTS OFFICER PWD GUWAHATI BUILDING DIVISION NO. II DISPUR GHY.-06. 8:THE ASSTT. EXECUTIVE ENGINEER PWD M.C.C. SUB-DIVISION DISPUR GHY.-12. 9:THE DIRECTOR PUBLIC HEALTH AND FAMILY WELFARE DEPTT. GOVT. OF ASSAM. 10:THE GAUHATI MEDICAL COLLEGE AND HOSPITAL(GMCH) TO BE REPRESENTED BY THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT OF GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GHY-32 -----------Advocate for : MR A ALI Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 9 ORS.
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
12-03-2021
Heard Shri S. Islam, learned counsel for the applicant who has filed this application for impleadment of the Gauhati Medical College Hospital represented by the Principal-cum-Chief Superintendent as respondent No. 10.
The learned counsel submits that the subject of the writ petition is non-payment of contractual bills of a work of GMCH which has been executed through the Public Works Department. He accordingly submits that GMCH which would allot the fund is a necessary party.
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Ms. D. Borah, the learned Standing Counsel, Health and Family Welfare Department fairly submits that GMCH is a necessary party and therefore the Interlocutory application may be allowed.
Shri B. Gogoi, the learned Standing Counsel, PWD also endorses the submission of Ms. Borah, learned Standing Counsel, Health Department.
In view of the above, the Interlocutory application stands allowed by directing that the Guwahati Medical College and Hospital represented by the Principal-cum-Chief Superintendent, Bhangagarh, Guwahati-32 be impleaded as respondent No. 10.
IA accordingly stands disposed of.
JUDGE
Comparing Assistant
Dewan Jahedul Islam
The State of Assam
Guwahati Medical College and Hospital
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
