The Gauhati High Court allowed an application seeking impleadment of the applicant in a connected writ petition, holding the applicant is a necessary party and disposed of the IA.
The applicant is impleaded as respondent no. 4 and the cause title is to be corrected.
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GAHC010153282022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2255/2022
PRASANTA BARMAN
SON OF LATE BASISTHA BARMAN, HOUSE NO. 221, GUWAHATI PUBLIC SCHOOL, BOTAHGHULI, PAJABARI, GUWAHATI, DIST. KAMRUP (M), ASSAM.
VERSUS
THE GUWAHATI MUNICIPAL CORPORATION AND 3 ORS REPRESENTED BY ITS COMMISSIONER, PANBAZAR, GUWAHATI-781001.
2:THE BRANCH OFFICER
ENFORCEMENT BRANCH GUWAHATI MUNICIPAL CORPORATION ASSAM PANBAZAR GUWAHATI-781001.
3:THE DEPUTY COMMISSIONER
KAMRUP (METROPOLITAN) DISTRICT ASSAM
4:SRI PRABJOT SINGH ARORA SON OF LATE ARJAN SINGH R/O HOUSE NO. 210 GPS ROAD PANJABARI P.S. SATGAON P.O. PAJABARI GUWAHATI PIN-781037
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DIST. KAMRUP (M) ASSAM
Advocate for the Petitioner : MR. A KABRA
Advocate for the Respondent : SC, GMC
Linked Case : WP(C)/6767/2021 PRABJOT SINGH ARORA SON OF LATE ARJAN SINGH R/O HOUSE NO. 210 GPS ROAD PANJABARI P.S. SATGAON P.O. PAJABARI GUWAHATI PIN-781037 DIST. KAMRUP (M) ASSAM VERSUS
THE GUWAHATI MUNICIPAL CORPORATION AND 2 ORS REP. BY ITS COMMISSIONER PANBAZAR GUWAHATI-781001. 2:THE BRANCH OFFICER ENFORCEMENT BRANCH GUWAHATI MUNICIPAL CORPORATION ASSAM PANBAZAR GUWAHATI-781001. 3:THE DEPUTY COMMISSIONER KAMRUP (METROPOLITAN) DISTRICT ASSAM -----------Advocate for : MR. R J DAS Advocate for : GA ASSAM appearing for THE GUWAHATI MUNICIPAL CORPORATION AND 2 ORS
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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 06/08/2022
Heard Ms. K. Yadav, learned counsel for the applicant. Also heard Mr. R. J. Das, learned counsel appearing on behalf of the writ petitioner/opposite party. Mr. P. Nayak, learned Standing Counsel, GMC is present on behalf of the official respondents.
This application has been filed seeking impleadment in the connected writ petition being WP(C) 6767/201 as respondent no. 4.
By referring to the allegations and averments made in para 3 of the writ petition, Ms. Yadav submits that the petition is basically directed against the applicant but he has not been made a party in the writ petition.
On perusal of the statements made in the IA, I find force in the submission of Ms. Yadav. Mr. Das, learned counsel for the writ petitioner does not want to file objection in the matter.
In view of the above and having regard to the statements made in the IA, the prayer stands allowed.
The applicant Shri Prasanta Barman is hereby impleaded as respondent no. 4 in the connected writ petition.
Registry to make necessary correction in the cause title of the writ petition.
IA stands disposed of.
JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether the applicant should be impleaded as a respondent in the connected writ petition.
Prasanta Barman
Shri Prabjot Singh Arora
The Guwahati Municipal Corporation
Suman Shyam Sukhamay
As recorded by the court registry
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