Allowed¶30

Hussain Ali v. the State of Assam and Ors.

Gauhati HC18 Jul 2025I.A.(Civil)/2216/2025

Case brief

AI extract

What is this about?

Gauhati High Court, I.A.(Civil)/2216/2025, order dated 19-07-2025 by Justice Soumitra Saikia; impleadment of Secretary, Finance (B) Department, Assam as respondent no.6 in WP(C) No.3346/2023; necessary party; disbursement of due remuneration of Gaon Panchayat President; 14 No. Bichennala Gaon Panchayat; Rangiya Anchalik Panchayat, Kamrup; petitioner Hussain Ali; no objection from State/P&RD counsel; amended cause title within two weeks. No statutes or precedents cited.

What did the court decide?

Impleadment allowed: the Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 arrayed as respondent no.6 in WP(C) No.3346/2023; copy of the order to be retained in the case records of WP(C) No.3346/2023; applicant/petitioner to file amended cause title before the Registry within two weeks. ¶30

Hussain Ali Vs the State of Assam and Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 is a necessary party to WP(C) No.3346/2023 and should be arrayed as respondent no.6.

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Court's answer

The Court held that the Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 is a necessary party to WP(C) No.3346/2023, since the claims relate to disbursement of remuneration due to the petitioner, and directed that the Department be arrayed as respondent no.6.

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Ratio / Principle

The Interlocutory Application stands allowed and disposed of.

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Key takeaways

A copy of the order is to be retained in the case records of WP(C) No.3346/2023.ratio¶31
The applicant/petitioner is to file the amended cause title before the Registry within two weeks from the date of the order.ratio¶33

Detailed headnote1 paragraphs

Gauhati High Court (Soumitra Saikia, J.), order dated 19-07-2025 in I.A.(Civil)/2216/2025: Allowed an interlocutory application in the accompanying writ petition WP(C) No.3346/2023 filed by Hussain Ali, who worked as President of 14 No. Bichennala Gaon Panchayat under Rangiya Anchalik Panchayat, Kamrup, and seeks disbursement of his due remuneration. Holding that the views of the Finance Department are essential to the claim, the Court declared the Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 a necessary party and arrayed him as respondent no.6 in WP(C) No.3346/2023. Counsel for the P&RD Department and the State did not object. A copy of the order is to be kept in the writ petition records, and the applicant was given two weeks to file an amended cause title before the Registry.

Page No.# 1/4

GAHC010151742025

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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)/2216/2025

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HUSSAIN ALI

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S/O ABU TAHER LAI, R/O VILL. ISSAPUR P.O. TULSIBARI P.S RANGIA DIST. KAMRUP ASSAM

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VERSUS

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THE STATE OF ASSAM AND ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI 6

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2:THE COMMISSIONER

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PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR PANJABARI GUWAHATI 37

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3:THE DEPUTY COMMISSIONER KAMRUP ASSAM AMINGAON

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4:THE CHIEF EXECUTIVE OFFICER

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ZILLA PARISHAD KAMRUP DIST. KAMRUP ASSAM

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5:THE BLOCK DEVELOPMENT OFFICER

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RANGIA DEVELOPMENT BLOCK RANGIA KAMRUP ASSA

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Advocate for the Petitioner : MR. J I BORBHUIYA, MR. L MOHAN,MRS. K H CHOUDHURY

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Advocate for the Respondent : GA, ASSAM, SC, P AND R.D.

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 19-07-2025

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Heard Mr. L. Mohan, learned counsel for the applicant/petitioner. Also heard Mr. AK Ghosh, learned counsel for the P&RD Department and Mr. A. Chakrabrarty, learned Junior Government Advocate, Assam.

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This application is filed by the applicant seeking impleadment of the Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 as a party respondent in the accompanying writ petition being WP(C) No.3346/2023. Learned counsel for the applicant/petitioner submits that the writ petition has been filed seeking a direction for disbursement of due remuneration of the petitioner who was working as a President of 14 No. Bichennala Gaon Panchayat under Rangiya Anchalik Panchayat, Kamrup, Assam. It is submitted that the Finance Department is a necessary party, however, inadvertently the Finance Department was not arrayed as a party respondent in the accompanying writ petition. He has, therefore, filed an application seeking impleadment of the Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 as the respondent no.6 in WP(C)

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No.3346/2023.

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Learned counsel for the P&RD Department and the learned State Government, Assam, do not object to the prayer made by the learned counsel for the applicant/petitioner.

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Taking into consideration of the submissions made by the learned counsel for the applicant and also upon consideration of the averment made in the Interlocutory Application as well as in the writ petition, it is seen that since the claims of the writ petitioner are in respect of disbursement of the remuneration during his service tenure as the President of 14 No. Bichennala Gaon Panchayat under Rangiya Anchalik Panchayat, Kamrup, Assam, which is due, the views of the Finance Department are considered to be essential and therefore, this Court is of the view that the Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 is a necessary party and the Department should be arrayed as a party respondent no.6 in WP(C) No. 3346/2023.

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Accordingly, Interlocutory Application also stands allowed and disposed of. The Secretary to the Government of Assam, Finance (B) Department, Dispur, Guwahati-6 is arrayed as a party respondent no.6 in WP(C) No.3346/2023.

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A Copy of this order be retained in the case records of WP(C) No.3346/2023. The applicant/petitioner will file amended cause title before the

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Registry within 2 (two) weeks from today.

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JUDGE

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Comparing Assistant

Hussain Ali v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Hussain Ali v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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