Respondents in a pending writ petition sought deletion of the Union of India as a co-respondent relying on a Ministry of Petroleum and Natural Gas circular. The High Court held the circular could not bind the petitioner or justify deletion by co-respondents and dismissed the application.
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GAHC010165872025
2025:GAU-AS:10555
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2437/2025
INDIAN OIL CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, 4TH FLOOR, EAST POINT TOWER, BAMUNIMAIDAM, GUWAHATI, ASSAM
VERSUS
GITALI KALITA
WIFE OF SRI PARITOSH DAS, R/O VILLAGE AGIA, GOALPARA, 783120
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS SHASTRI BHAVAN NEW DELHI
Advocate for the Petitioner : MR. M SARMA, MR. M K CHOUDHURY
Advocate for the Respondent : MR. A SATTAR,
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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 11.08.2025
“Even though where the Ministry may not be a necessary
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party and is impleaded as a proforma party, pursuant to the Ministry’s instruction to get them deleted from the array of Respondents, instructions should be issued by concerned Law Department to IOC’s counsel for taking action to delete the Ministry’s name. needless to mention that in all such cases, MOP&NG should be kept apprised through the concerned Functional Head with all developments from time to time under intimation to Head of Region/State Office, so as to enable them to brief the Management at appropriate level with the progress of the matters from time to time.”
JUDGE
Comparing Assistant
1 issue framed by the court
Whether respondents in a writ petition can seek deletion of the Union of India from the array of respondents based on a Ministry circular.
Indian Oil Corporation (represented by its Managing Director)
The Senior Manager (Retail Sales), Indian Oil Corporation Ltd
Gitali Kalita
The Union of India (Ministry of Petroleum and Natural Gas)
The Ministry of Road Transport and Highways
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
