Disposed

No. 1 (a) and 2 Upper Part Brahmaputra Fishery Co-Operative Society Ltd. v. the State of Assam and 11 Ors.

Gauhati HC2 Apr 2024I.A.(Civil)/906/2024

Case brief

AI extract

What is this about?

An interlocutory application sought substitution of respondent No.11, Jagadish Barman, deceased Secretary of a fishery co-operative society, in appeal WA 233/2023. The High Court allowed substitution by Jentu Barman, the present Secretary, and disposed of the application.

What did the court decide?

Respondent No.11 (deceased Jagadish Barman) substituted by Sri Jentu Barman in connected appeal WA 233/2023.

No. 1 (a) and 2 Upper Part Brahmaputra Fishery… — Cooperative Societies | Gauhati HC (2024)

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Page No.# 1/4

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GAHC010230862023

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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)/906/2024

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NO. 1 (A) AND 2 UPPER PART BRAHMAPUTRA FISHERY CO-OPERATIVE SOCIETY LTD. PANIKHAITI PRAGJYOTISHPUR REP. HEREBY ITS SECREATRY SRI DWIJEN HAZARIKA AGED ABOUT 65 YEARS S/O NABIN HAZARIKA R/O M.C. ROAD UZAN BAZAR P.O. UZAN BAZAR P.S. LATASHIL DIST. KAMRUP (M) ASSAM

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VERSUS

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THE STATE OF ASSAM AND 11 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPTT. DISPUR GUWAHATI-6

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2:THE SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPTT. DISPUR GUWAHATI-6 KAMRUP (M) ASSAM 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPTT. DISPUR GUWAHATI-6 KAMRUP (M) ASSAM

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Page No.# 2/4

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4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPTT. DISPUR GUWAHATI-6

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5:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAMGUWAHATI-1 KAMRUP (M) ASSAM

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6:THE ASSISTANT REGISTRAR OF CO-OPREATIVE SOCIETIES ASSAMGUWAHATI KAMRUP (M) ASSAM 7:THE DEPUTY COMMISSIONER KAMRUP (M) DIST. KAMRUP(M) ASSAM 8:THE CIRCLE OFFICER CHANDRAPUR REVENUE CIRCLE CHANDRAPUR KAMRUP (M) ASSAM

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9:THE DISTRICT FISHERY DEVELOPMENT OFFICER KAMRUP (M) GUWAHATI ASSAM

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10:NO. 11 PART-V KOLONG NADI ANCHALIK MEEN SAMABAI SAMITY LTD. A REGISTERED FISHERY CO-OPERATIVE SOCIETY NIZ-GOBARDHAN P.O. CHANDRAPUR DIST. KAMRUP ASSAM AND IS REP. BY ITS SECRETARY SRI JAGADISH BARMAN OF NIZ-GOBARDHAN P.O. CHANDRAPUR DIST. KAMRUP ASSAM. ON THE DEATH OF JAGADISH BARMAN THE NEW INCUMBENT I.E. THE NEW SECRETARY OF THE SAMABAI SAMITY SRI JENTU BARMAN S/O LATE JAGADISH BARMAN OF NIZ-GOBARDHAN P.O. CHANDRAPUR DIST. KAMRUP ASSAM.

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11:ON THE DEATH OF JAGADISH BARMAN

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THE NEW INCUMBENT I.E. THE NEW SECRETARY OF THE SAMABAI SAMITY SRI JENTU BARMAN

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S/O LATE JAGADISH BARMAN OF NIZ-GOBARDHAN P.O. CHANDRAPUR DIST. KAMRUP ASSAM. ------------

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For the applicant : Ms. P. Borah, Advocate For the respondents : Mr. D.K. Sarmah,

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Addl. Sr. Govt. Advocate, Assam For respondent Nos.1, 2, 3, 7, 8, 9 Ms. N. Bordoloi, S.C. Revenue For respondent No.4, Mr. R.B. Goswami, Advocate For respondent Nos.5 and 6 Ms. P. Sarma, Advocate For respondent Nos.10 & 11

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– B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SUMAN SHYAM

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03-04-2024

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(Vijay Bishnoi, C.J.)

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The matter comes up for consideration of IA(Civil) No.906/2024 filed on behalf of the applicant with the prayer for substituting the respondent No.11 in the connected appeal (WA 233/2023) on account of his death.

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It is submitted at the Bar that during the pendency of the appeal, the respondent No.11, Jagadish Barman, who was the Secretary of respondent No.10 society, i.e. No.11 Part-V Kolong Nadi Anchalik Meen Samabai Samity Ltd., has expired and, thereafter, one Jentu Barman has taken the charge of

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Secretary of the said society.

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Taking into consideration the contents of the application, we deem it appropriate to allow the prayer for substitution.

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Accordingly, the respondent No.11, Jagadish Barman, since deceased, be substituted by Sri Jentu Barman, the present Secretary of the No.11 Part-V Kolong Nadi Anchalik Meen Samabai Samity Ltd. in the connected appeal.

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The interlocutory application is disposed of.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

No. 1 (a) and 2 Upper Part Brahmaputra Fishery Co-Operative Society Ltd. v. the State of Assam and 11 Ors.

Case brief

What is this about?

What did the court decide?

No. 1 (a) and 2 Upper Part Brahmaputra Fishery Co-Operative Society Ltd. v. the State of Assam and 11 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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