The Gauhati High Court allowed an interlocutory application for impleadment of the new incumbent Director of Social Welfare as a respondent in a contempt petition due to a change of guard.
Interlocutory application allowed. Bivash Modi, Director Social Welfare and Probation Department, Guwahati, impleaded as respondent no. 2 in contempt petition.
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GAHC010114802022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1759/2022 In Cont. Cas(C)/96/2020
HEMORAM DAS
S/O- SRI BHOLARAM DAS, R/O. VILL. DEWBALI, P.O. DIGHALDARI, DIST. NAGAON, ASSAM. 782001.
VERSUS
BIVASH MODI
DIRECTOR SOCIAL WELFARE AND PROBATION DEPARTMENT, GUWAHATI, ASSAM. 781001.
Advocate for the Petitioner : MRS M D CHOWDHURY
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
22.06.2022
Heard Ms. MD Chowdhury, learned counsel for the applicant, who has filed this instant interlocutory application for impleadment of the present incumbent holding the post of Director of Social Welfare, Assam.
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It is the case of the applicant-petitioner that the earlier incumbent holding the said post was made the respondent in the accompanying contempt petition which has been filed in connection with non-compliance of the order dated 20.07.2018 passed in WP(C)/5075/2015. However, there is change of guard in the said post and the present incumbent is required to be impleaded as party respondent.
Though at the time of filing of the interlocutory application, no prior notice was issued to the new incumbent, this Court had granted an opportunity to issue prior notice to the new incumbent.
Ms. Choudhury, learned counsel has referred to the affidavit filed in the present proceeding on 18.06.2022 wherein the notice dated 06.09.2021 issued to the present incumbent has been annexed.
In view of the above, the instant interlocutory application is allowed and the applicant, Shri Bivash Modi, Director Social Welfare and Probation Department, Guwahati is impleaded as the respondent no. 2 in the accompanying contempt petition.
Accordingly, the interlocutory application stands allowed.
JUDGE
Comparing Assistant
Hemoram Das
Bivash Modi
Director Social Welfare and Probation Department, Guwahati, Assam
Sanjay Kumar Medhi
As recorded by the court registry
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