Writ petition concerning demarcation proceedings was withdrawn as the petitioner's brother, at whose behest demarcation was stopped, was not impleaded. The court permitted withdrawal with liberty to file a fresh writ petition impleading the brother.
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GAHC010100162024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2684/2024
SANDEEP AGARWALLA
SON OF LATE TULARAM AGARWALLA, PERMANENT RESIDENT OF GAURISAGAR TINIALI, DIKHOWMUKH ROAD, P.O. AND P.S. GAURISAGAR, DISTRICT- SIVASAGAR, ASSAM, PRESENTLY RESIDING AT FLAT NO. 3E, ROYAL RESIDENCY, SIKARIA COMPOUND, CHRISTIAN BASTI, G.S.ROAD, P.S. DISPUR, GUWAHATI- 781005, DISTRICT- KAMRUP (METRO), ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006, ASSAM
2:THE DEPUTY COMMISSIONER SIVASAGAR- 785640 ASSAM 3:THE CIRCLE OFFICER IN THE OFFICE OF THE DEPUTY COMMISSIONER SIVASAGAR- 785640 ASSA
Advocate for the petitioner(s): Mr. S Dutta, Senior Advocate Ms. C Agarwal Advocate for the respondent(s): Ms. G Hazarika For Revenue Department,
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Ms. S Sharma
Government Advocate, Assam
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER
06.09.2024
Mr. S Dutta, the learned senior counsel appearing on behalf of the petitioner submits that inadvertently the petitioner’s brother at whose behest the demarcation proceedings was stopped was not made a party in the instant proceedings. He, therefore, submits that he may be permitted to withdraw the instant writ petition and given the liberty to refile by making the necessary corrections, which are formal in nature.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner could withdraw the writ petition to refile after impleading his brother who was not made a party?
Sandeep Agarwalla
The State of Assam
The Deputy Commissioner, Sivasagar
The Circle Officer, Office of the Deputy Commissioner, Sivasagar
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
