Interlocutory application in a connected writ petition seeking dismissal of the writ petition itself. The court held that no separate such application is needed, as a writ petition is allowed or dismissed on hearing and pleadings; the IA was treated as pleading and closed.
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GAHC010280502019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3666/2019
SIDDHARTHA BHATACHARYA
S/O LATE GAURI SHANKAR BHATTACHARYA, R/O SEVENTH HEAVEN COMPLEX, G.S. ROAD, ULUBARI, GUWAHATI 781007
VERSUS
ANIL KUMAR AGARWAL S/O LATE JWALA PRASAD AGARWAL, R/O BHAJANKA BUILDING, CHRISTIAN BASTI, G.S. ROAD, GUWAHATI 781005
2:MAHENDRA KUMAR VERMA S/O DURGA DUTTA VERMA R/O SRI RAM GARDEN FLAT NO. A/1 KRC ROAD BHARALUMUKH GUWAHATI 781009
3:BIBHA JAISWAL W/O SRI SANTOSH KUMAR JAISWAL R/O RAMSA HILL KHARGHULI JAIPUR NEAR DON BOSCO SCHOOL GUWAHATI 781003
4:KRISH ESTATE PVT. LTD.
A CO. INCORPORATED UNDER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3 A HARE STREET ASHOKA HOUSE 6TH FLOOR ROOM NO. 603
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KOLKATA 700001 WEST BENGAL REPRESENTED IN THE INSTANT CASE BY ITS DIRECTOR SRI PRADIP KUMAR AGARWAL S/O RADHE SHYAM AGARWAL R/O BALIGANJ KOLKATA WEST BENGAL 5:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GUWAHATI 781006 6:THE DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI 01 7:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI 8:THE COMMISSIONER OF POLICE KAMRUP PANBAZAR GUWAHATI 01 9:THE OFFICER IN CHARGE PANTANBAZAR POLICE STATION PALTANBAZAR GUWAHATI 01 10:THE GUWAHATI MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER PANBAZAR GUWAHATI-01 11:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN BHANGAGARH GUWAHATI-7 12:SAGAR HARDWARE AND STEEL PVT. LTD. A CO. REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT SIKARIA COMPLEX S.J. ROAD ATHGAO GUWAHATI 78100
Advocate for the Petitioner : MS. M BHATTACHARJEE, MR. D J KAPIL,MS. M BHATTACHARJEE
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Advocate for the Respondent : GA, ASSAM, SC, GMC,SC, G M D A,MR. A K BHUYAN
Linked Case : WP(C)/4207/2019
ANIL KUMAR AGARWAL AND 3 ORS. S/O LT. JWALA PRASAD AGARWAL R/O BHAJANKA BUILDING CHRISTIAN BASTI G.S.ROAD GUWAHATI-781005 2: MAHENDRA KUMAR VERMA S/O DURGA DUTTA VERMA R/O SRI RAM GARDEN FLAT NO. A/1 KRC ROAD BHARALUMUKH GUWAHATI-781009
3: BIBHA JAISWAL W/O SRI SANTOSH KUMAR JAISWAL R/O RAMSA HILL KHARGULI JAIPUR NEAR DON BOSCO SCHOOL GUWAHATI-781003 4: KRISH ESTATES PRIVATE LTD. A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3 A HARE STREET ASHOKA HOUSE 6TH FLOOR ROOM NO. 603 KOLKATA-70001 WEST BENGAL. REP. IN THE INSTANT CASE BY ITS DIRECTOR SRI PRADIP KUMAR AGARWAL S/O RADHE SHYAM AGARWAL R/O BALIGANJ KOLKATA WEST BENGA. VERSUS THE STATE OF ASSAM AND 8 ORS. REP. BY THE CHIEF SECRETARY GOVT. OF ASSAM
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DISPUR
GUWAHATI-781006
2:THE DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI-1 3:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI 4:THE COMMISSIONER OF POLICE KAMRUP PANBAZAR GUWAHATI-1 5:THE OFFICER IN CHARGE PALTANBAZAR POLICE STATION PALTANBAZAR GUWAHATI-1 6:THE GUWAHATI MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER PANBAZAR GUWAHATI-1 7:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN BHANGAGARH GUWAHATI-7 8:SIDDHARTHA BHATTACHARYA S/O LT. GAURI SHANKAR BHATTACHARYA R/O SEVENTH HEAVEN COMPLEX G.S.ROAD ULUBARI GUWAHATI-781007 9:SAGAR HARDWARE AND STEEL PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT SIKARIA COMPLEX S.J. ROAD ATHGAON GUWAHATI-781001 -----------Advocate for : MR. A K BHUYAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS.
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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
20.09.2024
Heard Mr. A. K. Bhuyan, learned counsel for the writ petitioner/opposite party.
The present application is filed by the respondent No. 8 in the connected writ petition being WP(C)/4207/2019 praying for dismissal of the said writ petition.
In the considered opinion of this Court, no separate application is required to be filed for dismissal of the writ petition and a writ petition can either be allowed or dismissed after hearing the parties and considering the pleadings and other necessary materials. Such application can at best be treated as a pleading of the respondent No. 8.
In view of the aforesaid, this IA stands closed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a separate application by a respondent praying for dismissal of a writ petition is required or maintainable.
Siddhartha Bhatacharya
Anil Kumar Agarwal
Mahendra Kumar Verma
Bibha Jaiswal
Krish Estate Pvt. Ltd.
Arun Dev Choudhury
As recorded by the court registry
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