Abu Taher Sheikh v. Mosharraf Hussain and 7 Ors.

Gauhati HC16 Oct 2025I.A.(Civil)/2027/2025

Case brief

AI extract

What is this about?

Gauhati High Court short order dated 17.10.2025 by Justice Robin Phukan in I.A.(Civil)/2027/2025, an application under Order 1 Rule 10 CPC arising from pending W.P.(C) No. 4498/2024 (parties from Dhubri district; elementary education department, State/District Scrutiny Committees and SSA Mission among opposite parties). Allowed; Abu Taher Sheikh impleaded as respondent No. 8 on the ground of being a necessary party to protect his service career; no objection from any opposite party. Counsel: H. Das (applicant), P.K. Deka (OP 1), A. Phukan (OP 2–7), J. Abedhin (OP 8). Keywords: impleadment, necessary party, Order 1 Rule 10 CPC, W.P.(C) 4498/2024.

What did the court decide?

Impleadment of applicant Abu Taher Sheikh as respondent No. 8 in W.P.(C) No. 4498/2024. ¶¶18

Abu Taher Sheikh Vs Mosharraf Hussain and 7 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010178132024

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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)/2027/2025

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ABU TAHER SHEIKH S/O SORHAB ALI RESIDENT OF VILLAGE - KALAPAKANI PART-II P/O- PATAMARI DIST- DHUBRI ASSAM PIN-783324 VERSUS MOSHARRAF HUSSAIN AND 7 ORS S/O MOJIBAR RAHMAN RESIDENT OF VILLAGE- JHAGRAPAR PART-I P/O- JHAGRAPAR P/S- DHUBRI DIST- DHUBRI ASSAM PIN-783325 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVTOF ASSAM EDUCATION DEPARTMENT (ELEMENTARY) DISPUR GUWAHATI-781006 3:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI -781019

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4:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE CHAIRMAN-CUM-THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM 6:THE EXECUTIVE DIRECTOR SARBA SIKHSHA ABHIYAN MISSION (SSA) ASSAM KAHILLIPARA GUWAHATI-19 7:THE DISTRICT SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN DISTRICT-DHUBRI ASSAM 8:ABDUL KARIM MOLLAH ALAIS ABDUL KASIM MOLLAH /O- LT ABDUS SALAM MOLLAH VILL. - KALAPAKANI PART-II P/O- PATAMARI DIST- DHUBRI ASSAM PIN - 783324 -----------Advocate for : MR H DAS Advocate for : SC ELEM. EDU appearing for MOSHARRAF HUSSAIN AND 7 ORS

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

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17.10.2025

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Heard Mr. H. Das, learned counsel for the applicant; Mr. P.K. Deka, learned counsel for the opposite party No. 1; Mr. A. Phukan, learned standing counsel for the Elementary Education Department, being opposite party Nos. 2 – 7; and

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Mr. J. Abedhin, learned counsel for the opposite party No. 8.

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2. This interlocutory application, under Order 1 Rule 10 of the CPC, is preferred by the applicant, namely Abu Taher Sheikh, for impleading him as respondent No. 8, in W.P.(C) No. 4498/2024.

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3. Mr. Das, learned counsel for the applicant submits that the applicant is a necessary party in the proceeding of W.P.(C) No. 4498/2024, as if any order is passed by this Court in the said writ petition, the same may adversely affect his service carrier and as such, he has to be impleaded as respondent No. 8, in W.P.(C) No. 4498/2024.

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4. On the other hand, Mr. Deka, learned counsel for the opposite party No. 1; Mr. Phukan, learned standing counsel for the Elementary Education Department, being opposite party Nos. 2 – 7; and Mr. Abedhin, learned counsel for the opposite party No. 8, submit that they have no objection in the event of impleading the applicant as respondent No. 8, in W.P.(C) No. 4498/2024.

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5. Having heard the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this interlocutory application stands allowed.

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6. Accordingly, the applicant be impleaded as respondent No. 8, in W.P.(C) No. 4498/2024.

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JUDGE

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Comparing Assistant

Abu Taher Sheikh v. Mosharraf Hussain and 7 Ors.

Case brief

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Abu Taher Sheikh v. Mosharraf Hussain and 7 Ors.

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