Application for impleadment in a contempt case: the original respondents had demitted office and new officials had taken over non-compliance of an earlier writ order. The court allowed impleadment of the two newly appointed officers as respondents nos. 4 and 5, permitting them to file affidavits, and directed filing of amended cause title.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010164902025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2452/2025
MD KURBAN ALI
S/O LATE AZGAR ALI, R/O VILL-BONGHUGI, P.O.-BONGHUGI, P.S.KALGACHIYA, DIST-BARPETA, ASSAM, PIN-781321
VERSUS
J. B. EKKA IAS AND ORS. THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM, DISPUR, GUWAHATI-6.
2:JAY SHIVANI IAS THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI-37. 3:ARUP PATHAK THE CHIEF EXECUTIVE OFFICER BARPETA ZILLA PARISHAD BARPETA DIST. BARPETA ASSAM PIN- 781301. 4:DR. B KALYAN CHAKRAVARTHY IAS
THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR
Page No.# 2/3
GUWAHATI 06
5:MS. KEERTHI JALLI IAS THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM JURIPAR PANJABARI GUWAHATI 3
Advocate for the Petitioner : MR. K R PATGIRI, MS CHITRALEKHA DAS,MS K BARMAN
Advocate for the Respondent : MR. K KONWAR, MR. A BHATTACHARJEE(R-3)
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
06.08.2025
Heard Mr. K.P. Patgiri, learned counsel for the applicant. Also heard Mr. A. Bhattacharjee, learned counsel for the opposite party no. 3.
This I.A. has been filed seeking impleadment of opposite parties nos. 4 and 5 in the accompanying Contempt Case being Cont.Cas(C)/789/2023. It is submitted that the respondents in Cont.Cas(C)/789/2023 have demitted their offices and in their place the opposite parties nos. 4 and 5 have been appointed.
It is submitted that since the directions contained in the Order dated 11.08.2023, passed in WP(C) No. 4506 of 2018, have not yet been complied with, and Opposite Parties Nos. 4 and 5 have now been appointed as the Additional Chief Secretary to the Government of Assam, Panchayat and Rural Development Department, and the Commissioner, Panchayat and Rural Development Department, respectively, it is necessary that they may be arrayed as party respondents in Cont.Cas(C)/789/2023.
Page No.# 3/3
Ms. P. Thapa, learned Standing Counsel for the PNRD Department submits that she has no objection.
Considering the submissions made by the learned counsel for the petitioner and the respondents, this Court is of the view that the I.A. may be allowed at this stage without issuing notice.
Opposite Parties Nos. 4 and 5 namely Dr. B. Kalyan Chakravarthy, IAS, Additional Chief Secretary to the Govt. of Assam, PNRD Department, Guwahati and Ms. Keerthi Jalli, IAS, the Coomissioner, PNRD Department, Guwahati are therefore arrayed as Party Respondents Nos. 4 and 5 in Cont.Cas(C)/789/2023. However, the opposite parties shall be afforded an opportunity to file their affidavits in the Contempt Case.
The learned counsel for the petitioner shall file the amended cause title before the Registry within one week from today.
I.A. accordingly stands allowed and disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether newly appointed officials of the PNRD Department should be impleaded as respondents in the pending contempt case.
MD Kurban Ali
J. B. Ekka IAS
Jay Shivani IAS
Arup Pathak
Dr. B Kalyan Chakravarthy IAS
Ms. Keerthi Jalli IAS
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
