Allowed¶25

Mazaharul Sultan v. the State of Assam and Ors.

Gauhati HC4 Mar 2025I.A.(Civil)/254/2025

Case brief

AI extract

What is this about?

impleadment of necessary party; Director of Surveys, Assam; interlocutory application allowed; W.P.(C) 397/2024; amended cause-title; Notification no. 79 dated 19.06.2023; Registry and CIS corrections; no objection by opposite parties; Gauhati High Court; Manish Choudhury, J.; order dated 05-03-2025.

What did the court decide?

Impleadment of 'the Director of Surveys, Assam, Rajahnagar, Dakhin Guwahati, Guwahati - 781014' as party-respondent no. 6 in W.P.[C] no. 397/2024; applicant-writ petitioner to file an amended cause-title in terms of Notification no. 79 dated 19.06.2023 before the Registry within 2 working days, upon which the Registry shall effect corrections in the Cause-Title of the writ petition and in the CIS. ¶25

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

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether 'the Director of Surveys, Assam, Rajahnagar, Dakhin Guwahati, Guwahati - 781014' is a necessary party who should be impleaded as party-respondent no. 6 in the accompanying writ petition W.P.[C] no. 397/2024.

¶19

Court's answer

The presence of the Director of Surveys, Assam is necessary for the purpose of adjudicating the issues involved in the accompanying writ petition; accordingly, the interlocutory application seeking his impleadment as party-respondent no. 6 is allowed.

¶25

Ratio / Principle

The applicant-writ petitioner shall file an amended cause-title in terms of Notification no. 79 dated 19.06.2023 before the Registry within 2 working days, and on submission of the amended Cause-Title the Registry shall make the necessary corrections in the Cause-Title of the writ petition and in the CIS.

¶28

Detailed headnote1 paragraphs

Gauhati High Court, I.A.(Civil)/254/2025 in W.P.(C) 397/2024 - Mazaharul Sultan v. State of Assam & Ors.; order dated 05-03-2025 by Manish Choudhury, J. Interlocutory application seeking impleadment of the Director of Surveys, Assam (Rajahnagar, Dakhin Guwahati, Guwahati - 781014) as party-respondent no. 6 allowed, the opposite parties having raised no objection; the Court found his presence necessary for adjudication of the issues involved in the writ petition. Applicant directed to file an amended cause-title in terms of Registry Notification no. 79 dated 19.06.2023 within two working days, following which the Registry is to correct the cause-title of the writ petition and the CIS.

Page No.# 1/3

GAHC010010122025

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : I.A.(Civil)/254/2025

¶6

MAZAHARUL SULTAN S/O- LATE RUSTAM ALI, R/O- BHITORSUTI, GOTLONG, P.O- KALIABHOMORA, DIST- SONITPUR, ASSAM, PIN-784027

¶7

VERSUS

¶8

THE STATE OF ASSAM AND ORS REP. BY SECRETARY MINISTRY OF PETROLEUM AND NATURAL GAS, SHASTRI BHAWAN, NEW DELHI

¶9

Advocate for the Petitioner : MR. P MAHANTA,

¶10

Advocate for the Respondent : SC, WATER RESOURCE,

¶11

BEFORE

¶12

HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶13

ORDER

¶14

Date : 05-03-2025

¶15

Heard Mr. P. Mahanta, learned counsel for the applicant; Ms. R.M. Deka, learned Standing Counsel, Water Resources Department for the opposite party nos. 1, 3 & 4; and Mr. N. Goswami, learned Junior Government Advocate, Assam

¶16

Page No.# 2/3

¶17

for the opposite party nos. 2 & 5.

¶18

The applicant as the writ petitioner has preferred the accompanying writ petition, W.P.[C] no. 397/2024.

¶19

The applicant-writ petitioner has preferred the instant interlocutory application seeking impleadment of -

¶20

‘the Director of Surveys, Assam, Rajahnagar,

¶21

Dakhin Guwahati, Guwahati – 781014’

¶22

as party-respondent no. 6 in the accompanying writ petition.

¶23

The learned counsel for the opposite parties have submitted that they have no objection to the prayer made in this interlocutory application.

¶24

I have gone through the statements and averments made in this interlocutory application, more particularly, paragraph 3, paragraph 4 & paragraph 5 thereof, wherein the applicant-writ petitioner has mentioned the reasons as to why the proposed party-respondent is a necessary party for adjudication of the issues involved in the accompanying writ petition.

¶25

Having gone through the statements and averments made in this interlocutory application, I am of the considered view that for the purpose of adjudicating the issues involved in the accompanying writ petition, the presence of ‘the Director of Surveys, Assam, Rajahnagar, Dakhin Guwahati, Guwahati – 781014’ will be necessary. Accordingly, the instant interlocutory application is allowed.

¶26

The applicant-writ petitioner shall file an amended cause-title in terms of

¶27

Page No.# 3/3

¶28

the Notification no. 79 dated 19.06.2023 before the Registry within 2 [two] working days from today and on submission of the amended Cause-Title, the Registry shall do the necessary corrections in the Cause-Title of the writ petition as well as in the CIS.

¶29

JUDGE

¶30

Comparing Assistant

Mazaharul Sultan v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Mazaharul Sultan 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

Case details

Similar cases

Jyotirindra Roychowdhury Vs the State of Assam and 2 Ors.

International Engineering Construction and Anr. Vs the Union of India and 3 Ors.

Gobinda Chandra Kalita Vs the State of Assam and 2 Ors.

The Chief Engineer, Water Resources Department and Anr. Vs Rushan Ahmed Barbhuiya and 22 Ors.

Mainu Gohain Mahato Vs the State of Assam and 5 Ors.

Prafulla Nath and 23 Ors. Vs the Union of India and 7 Ors.