Disposed

Krishna Chetri and Anr. v. the State of Assam and 5 Ors.

Gauhati HC12 May 2024I.A.(Civil)/477/2024

Case brief

AI extract

What is this about?

Interlocutory application in a writ petition seeking formal incorporation of the Chief Engineer, Water (PHE), Assam as respondent No. 6, whose earlier impleadment was omitted when the amended writ petition was delayed by a filing defect. With no objection from respondents' counsel, the court allowed the impleadment and disposed of the application.

What did the court decide?

Chief Engineer, Water (PHE), Assam incorporated as respondent No. 6 in WP(C) No. 3129/2022; I.A.(Civil)/477/2024 disposed of as allowed.

Krishna Chetri and Anr. Vs the State of Assam and 5… — Writ and Judicial Review | Gauhati HC (2024)

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GAHC010018202024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/477/2024

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KRISHNA CHETRI AND ANR.

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R/O- HOUSE NO. 29, NO. 2 MATHGHARIA, PRAGATI NAGAR, P.O. AND P.S. NOONMATI, GUWAHATI-20, DIST.- KAMRUP(M), ASSAM, PIN- 781020.

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2: M/S PURNIMA ENTERPRISE PROP.- KRISHNA CHETRI R/O- NO. 2 MATHGHARIA GUWAHATI-20 P.O. AND P.S. NOONMATI DIST.- KAMRUP(M) ASSA

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM (PHE) DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06.

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3:THE ADDL. CHIEF ENGINEER (PHE) LOWER ASSAM ZONE GUWAHATI-21.

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4:THE SUPERINTENDING ENGINEER (PHE) GUWAHATI CIRCLE GUWAHATI-21. 5:THE EXECUTIVE ENGINEER (PHE)

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Page No.# 2/4

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GUWAHATI DIVISION NO. 11 GUWAHATI-21.

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6:THE CHIEF ENGINEER WATER (PHE)ASSAM HENGRABARI GUWAHATI-781036

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Advocate for the Petitioner : MR. D M THAKURIA

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Advocate for the Respondent : SC, P H E

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Linked Case : WP(C)/3129/2022

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KRISHNA CHETRI AND ANR. R/O- HOUSE NO. 29 NO. 2 MATHGHARIA PRAGATI NAGAR P.O. AND P.S. NOONMATI GUWAHATI-20 DIST.- KAMRUP(M) ASSAM PIN- 781020. 2: M/S PURNIMA ENTERPRISE PROP.- KRISHNA CHETRI R/O- NO. 2 MATHGHARIA GUWAHATI-20 P.O. AND P.S. NOONMATI DIST.- KAMRUP(M) ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM (PHE) DEPARTMENT DISPUR GUWAHATI-6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT.

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DISPUR GUWAHATI-06. 3:THE ADDL. CHIEF ENGINEER (PHE) LOWER ASSAM ZONE GUWAHATI-21. 4:THE SUPERINTENDING ENGINEER (PHE) GUWAHATI CIRCLE GUWAHATI-21. 5:THE EXECUTIVE ENGINEER (PHE) GUWAHATI DIVISION NO. 11 GUWAHATI-21. -----------Advocate for : MR. D M THAKURIA Advocate for : SC P H E appearing for THE STATE OF ASSAM AND 4 ORS.

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B E F O R E

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HON’BLE MR. JUSTICE NELSON SAILO ORDER

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13.05.2024

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Mr. A Hussain, learned counsel for the applicant submits that this

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application is filed by the applicant/writ petitioner for incorporating the Chief Engineer, Water (PHE), Assam, Hengrabari, Guwahati-781036 as respondent No. 6 in the writ petition i.e. WP(C) No. 3129/2022. The learned counsel submits that impleadment of the said respondent was allowed by this Court vide Order

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dated 11.10.2023 passed in I.A(C) No. 2924/2023 and the applicant/writ petitioner was directed to file the amended writ petition. Although the petitioner filed the amended writ petition, the same was kept in the filing section as

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defective on the pagination. Therefore, when the writ petition was disposed of on 06.12.2023, the respondent No. 6 was not arrayed as one of the party. Hence, the instant application.

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Ms. M Kalita, learned counsel appearing for respondent Nos. 1, 3, 4, 5 & 6 submits that she has no objection if the application is allowed.

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In view of above, the Chief Engineer, Water (PHE), Assam, Hengrabari, Guwahati-781036 be incorporated as respondent No. 6 in WP(C) No. 3129/2022 in terms of the Order dated 11.10.2023 passed in I.A(C) No. 2924/2023.

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Interlocutory Application stands disposed of as allowed.

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JUDGE

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Comparing Assistant

Krishna Chetri and Anr. v. the State of Assam and 5 Ors.

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Krishna Chetri and Anr. v. the State of Assam and 5 Ors.

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