Interlocutory application seeking impleadment as a necessary party in a writ petition regarding construction permissions. The court found the applicant, claiming ownership of the flat, to be a necessary party and allowed the application.
Applicant impleaded as respondent No. 5 in WP(C)No.7562/2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010134622024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2289/2024
JIBAN KRISHNA KUNDU,
S/O LT. G.C. KUNDU, R/O 1ST FLOOR, T R PHUKAN ROAD, OPP. INCOME TAX OFFICE, WARD NO.2, P.O. AND DISTRICT DHUBRI, ASSAM
VERSUS
JUGAL KISHOR PAREEK AND 5 ORS
S/O- LATE SAHANKAR LAL PAREEK, R/O- T.R. PHUKAN ROAD, WARD NO. 2, P.O. AND P.S.- DHUBRI, ASSAM- 783301.
2:KRISHNA PAREEK
W/O- JUGAL KISHOR PAREEK
R/O- T.R. PHUKAN ROAD WARD NO. 2
P.O. AND P.S.- DHUBRI
ASSAM- 783301.
3:THE STATE OF ASSAM
REPRESENTED BY- THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOUSING AND URBAN AFFAIRS AND DIRECTORATE OF TOWN AND COUNTRY PLANNING DISPUR GUWAHATI- 781006.
4:THE DHUBRI MUNICIPAL BOARD
REPRESENTED BYCHAIRMAN/ EXECUTIVE OFFICER
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DHUBRI
ASSAM- 783301.
5:THE EXECUTIVE OFFICER DHUBRI MUNICIPAL BOARD DHUBRI ASSAM- 783301.
6:ASSISTANT ENGINEER DHUBRI MUNICIPAL BOARD DHUBRI ASSAM- 783301
Linked Case : WP(C)/7562/2023
JUGAL KISHOR PAREEK AND ANR. S/O- LATE SAHANKAR LAL PAREEK
R/O- T.R. PHUKAN ROAD WARD NO. 2
P.O. AND P.S.- DHUBRI ASSAM- 783301.
2: KRISHNA PAREEK W/O- JUGAL KISHOR PAREEK
R/O- T.R. PHUKAN ROAD WARD NO. 2
P.O. AND P.S.- DHUBRI ASSAM- 783301. VERSUS
THE STATE OF ASSAM AND 3 ORS. REPRESENTED BYTHE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
HOUSING AND URBAN AFFAIRS
AND DIRECTORATE OF TOWN AND COUNTRY PLANNING
DISPUR
GUWAHATI- 781006.
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2:THE DHUBRI MUNICIPAL BOARD
REPRESENTED BYCHAIRMAN/ EXECUTIVE OFFICER
DHUBRI ASSAM- 783301.
3:THE EXECUTIVE OFFICER DHUBRI MUNICIPAL BOARD DHUBRI ASSAM- 783301.
4:ASSISTANT ENGINEER DHUBRI MUNICIPAL BOARD DHUBRI ASSAM- 783301. ------------
Advocate for the applicant(s): GN Sahewalla, Senior Advocate
Ms. K Sarma
Advocate for the respondent(s): Mr. S Sahu
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER
09.08.2024
Heard Mr. GN Sahewalla, the learned senior counsel assisted Ms. K Sarma, the learned counsel appearing on behalf of the applicant.
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flat, in question, wherein the writ petitioners have sought for permission to construct and make renovations.
JUDGE
Comparing Assistant
Jiban Krishna Kundu
Jugal Kishor Pareek
Krishna Pareek
The State of Assam
The Dhubri Municipal Board
The Executive Officer Dhubri Municipal Board
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
