Applicant sought impleadment of the present incumbent Principal Secretary, BTC for compliance of a 2021 writ order in a contempt matter. Counsel submitted the proposed incumbent had not been put to notice beforehand; the court permitted withdrawal and closed the interlocutory application with liberty to file afresh.
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GAHC010163032024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2545/2024
MANORANJAN BRAHMA
S/O SRI BANESWAR BRAHMA, R/O VILL-BAGANSHALI, P.O. AND P.S.KOKRAJHAR, BTC, DIST-KOKRAJHAR, ASSAM
VERSUS
AKASH DEEP, IAS PRINCIPAL SECRETARY, BTC, KOKRAJHAR, ASSAM, PIN-783370
Advocate for the Petitioner : MS D DAS,
Advocate for the Respondent : ,
Linked Case : Cont.Cas(C)/19/2022
MANORANJAN BRAHMA S/O SRI BANESWAR BRAHMA R/O VILL-BAGANSHALI P.O. AND P.S.-KOKRAJHAR BTC DIST-KOKRAJHAR ASSAM
VERSUS
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SHANTANU GOTAMARE IAS AND ANR. PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM PIN-783370 2:HRIDAY KUMAR BORO ADDITIONAL CHIEF ENGINEER PWD ROADS BTC KOKRAJHAR ASSAM PIN-783370 -----------Advocate for : MS D DAS Advocate for : MR. D SAIKIA (r-1) appearing for SHANTANU GOTAMARE IAS AND ANR.
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
02.09.2024
Heard Mr. M. K. Das, learned counsel for the applicant. Also heard Mr. P. Nayak, learned counsel for the respondent No. 1.
Mr. Das, learned counsel for the applicant submits that though the present application is filed for impleadment of the present incumbent namely, Sri Akash Deep, IAS, Principal Secretary, Bodoland Territorial Council, Kokrajhar, who is responsible for compliance of the order dated 19.08.2021 passed by this Court in WP(C) No. 2160/2021, however, prior to filing of this application, the aforesaid incumbent was not put to notice by the applicant as regards the order in question.
In view of the aforesaid, Mr. Das, learned counsel for the applicant submits that he may be allowed to withdraw this application and to file fresh application for
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impleadment after completing the aforesaid procedure.
Prayer is allowed.
Accordingly, the IA. stands closed with a liberty as prayed for.
JUDGE
Comparing Assistant
Manoranjan Brahma
Akash Deep, IAS, Principal Secretary, BTC, Kokrajhar
Arun Dev Choudhury
As recorded by the court registry
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