Allowed

The Central Administrative Tribunal and Anr. v. City Montessori High School and 8 Ors.

Gauhati HC7 Jun 2022I.A.(Civil)/1583/2022

Case brief

AI extract

What is this about?

The applicants sought impleadment as respondents in a connected writ petition challenging the illegal allotment of land to the CAT, Guwahati Bench. The High Court allowed the application, holding the Bar Association has rights regarding the land as it represents practicing lawyers facing difficulties with insufficient rented premises.

What the court decided

AI extract

The Central Administrative Tribunal and Anr. Vs… — Education and Admissions | Gauhati HC (2022)

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Page No.# 1/5

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GAHC010106342022

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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)/1583/2022

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THE CENTRAL ADMINISTRATIVE TRIBUNAL AND ANR GUWAHATI BENCH REPRESENTED BY ITS SECRETARY SRI RAJIB HAZARIKA, AGED ABOUT 50 YEARS, R/O JATIYA SWAHID PATH NO.1, (AMARNATH TEMPLE ROAD), PO BELTOLA, PS DISPUR, GUWAHATI-28, ASSAM

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2: RAJIB HAZARIKA S/O LATE SONESWAR HAZARIKA SECRETARY CAT BAR ASSOCIATION GUWAHATI BENCH R/O JATIYA SWAHID PATH NO. 1(AMARNATH TEMPLE ROAD) PO BELTOLA PS DISPUR GUWAHATI-28 ASSA

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VERSUS

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CITY MONTESSORI HIGH SCHOOL AND 8 ORS. BIRUBARI, R.K. MISSION ROAD, GUWAHATI 16, REP. BY ITS SECRETAY SRI KHANIN CHANDRA MEDHI

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2:KHANIN CHANDRA MEDHI S/O- SRI GOPAL CHANDRA MEDHI R/O- RUP NAGAR SANKARDEV PATH P.S. BHANGAGARH GUWAHATI-32.

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3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY REVENUE AND DISASTER MANAGEMENT DEPARTMENT GOVERNMENT OF ASSAM DISPUR

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Page No.# 2/5

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GUWAHATI-6

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4:THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF LAW SHASTRI BHAVAN BLOCK DR. RAJENDRA PRASAD ROAD NEW DELHI-110001. 5:THE DEPUTY COMMISSIONER KAMRUP (M) PANBAZAR GUWAHATI-01 6:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI-1 ASSAM 7:THE CENTRAL PUBLIC WORKS DEPARTMENT REPRESENTED BY ITS CHIEF ENGINEER BAMUNIMAIDAM GUWAHATI-20 8:THE CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH REPRESENTED BY ITS REGISTRAR RAJGARH ROAD GUWAHATI-05 9:SRI JOYDEEP DUTTA R/O- BIRUBARI ANANDA NAGAR R K MISSION ROAD NEAR THE CITY MONTESSORI SCHOOL GUWAHATI-16

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Advocate for the Petitioner : MR. R M DEKA

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Advocate for the Respondent :

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Linked Case : WP(C)/2956/2022

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CITY MONTESSORI HIGH SCHOOL AND ANR

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BIRUBARI

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R K MISSION ROAD GUWAHATI 16 REPRESENTED BY ITS SECRETARY SRI KHANIN CHANDRA MEDHI.

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2: KHANIN CHANDRA MEDHI S/O- SRI GOPAL CHANDRA MEDHI R/O- RUP NAGAR SANKARDEV PATH P.S. BHANGAGARH GUWAHATI-32. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY REVENUE AND DISASTER MANAGEMENT DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-6. 2:THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF LAW SHASTRI BHAVAN BLOCK DR. RAJENDRA PRASAD ROAD NEW DELHI-110001. 3:THE DEPUTY COMMISSIONER KAMRUP METRO GUWAHATI-781001. 4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI-781001 5:THE CENTRAL PUBLIC WORKS DEPARTMENT REPRESENTED BY ITS CHIEF ENGINEER BAMUNIMAIDAM GUWAHATI-20. 6:THE CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH REPRESENTED BY ITS REGISTRAR RAJGARH ROAD GUWAHATI-05. 7:SRI JOYDEEP DUTTA R/O- BIRUBARI ANANDA NAGAR R K MISSION ROAD NEAR THE CITY MONTESSORI SCHOOL GUWAHATI-16. -----------Advocate for : MR. M DUTTA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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07/06/2022

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Heard Mr. K N Choudhury, learned Senior counsel assisted by Ms. N Mahanta, learned counsel for the applicants and Mr. M Dutta, learned counsel for the opposite party Nos. 1 & 2. Also heard Mr. B J Talukdar, learned Senior Standing counsel, Revenue Department assisted by Mr. K Baishya, learned counsel for the opposite party No. 3, Ms. A Gayan, learned CGC for the opposite party Nos. 4, 7 & 8 and Ms. S Sarma, learned Government Advocate, Assam for the opposite party Nos. 5 & 6.

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By this application, the applicants representing the Central Administrative Tribunal Bar Association, Guwahati Bench prays for their impleadment as party respondent Nos. 8 & 9 in the connected WP(C) No. 2956/2022, preferred by the opposite party Nos. 1 & 2 alleging illegal allotment of their land to the Central Administrative Tribunal (CAT), Guwahati Bench.

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It is submitted by the applicants that by application dated 08.01.2022, the Bar Association of CAT, Guwahati Bench approached the Hon’ble Chief Minister of the State for allotment of land to CAT, Guwahati Bench for construction of its permanent building over the land under occupation of one nonfunctional private school, i.e., the opposite party Nos. 1 & 2.

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It is submitted by the applicants that on the basis of their said application dated 08.01.2022 and considering the matter, its urgency and requirement, the authorities in the State Government in the Revenue Administration allotted the land that was earlier allotted to the opposite party Nos. 1 & 2/writ petitioners’ school in favour of the CAT, Guwahati Bench interchanging/re-allotting the land to the opposite party Nos. 1 & 2 that was earlier allotted to the CAT, Guwahati Bench.

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However, the opposite party Nos. 1 & 2 objected the impleadment of the applicants as party respondent Nos. 8 & 9 in the connected WP(C) No. 2956/2022 stating that the applicants are not a registered organization and as such, the said application for their impleadment as Association should be rejected.

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Considered the submissions made by the learned counsels for the parties.

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It is seen that the applicants are the Lawyers practicing at CAT, Guwahati Bench which is presently functioning from a rented house. In their application submitted before the Hon’ble Chief Minister on 08.01.2022 annexed to this application as Annexure-R/1, they explained that the Lawyers practicing at CAT, Guwahati Bench submitted their difficulties that they are facing while attending the said CAT, Bench Guwahati and therefore, it is submitted that sufficient amount of land should be allotted to the CAT, Guwahati Bench as it applied for, whereas only 1 Bigha of land was allotted to it, which is insufficient. Since the land pointed out by the Lawyers Association of the CAT, Guwahati Bench is sufficient enough for construction of a building for CAT, Guwahati Bench as requested, the State Government allotted the same in favour of the CAT, Guwahati Bench.

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As such, the Court is of the view that the applicants Association has certain rights with regard to allotment of said land in favour of the CAT, Guwahati Bench being practicing lawyers of the said Tribunal.

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Considering the above, the application of the applicants for their impleadment as party respondent Nos. 8 & 9 in the connected WP(C) No. 2956/2022 is allowed.

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JUDGE

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Comparing Assistant

The Central Administrative Tribunal and Anr. v. City Montessori High School and 8 Ors.

Case brief

What is this about?

What the court decided

The Central Administrative Tribunal and Anr. v. City Montessori High School and 8 Ors.

Case brief

What is this about?

What the court decided

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Statutes considered

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