Review petition by State of Assam seeking recall of a common order directing release of funds under schemes and clearance of contractors' bills. The court held the Ministry of Jal Shakti was duly represented at hearing, no non-joinder objection was raised, and failure to implead it was for writ petitioners to bear. Review dismissed.
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GAHC010126642025
2025:GAU-AS:10226
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./113/2025
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, WATER RESOURCES DEPTT., DISPUR, GUWAHATI 781006, ASSAM.
2: THE CHIEF ENGINEER
WATER RESOURCES DEPTT. CHANDMARI GUWAHATI 03 ASSAM.
3: THE EXECUTIVE ENGINEER
WATER RESOURCE DEPTT. GUWAHATI EAST (EARLIER EMBAKMENT AND DRAINAGR) GUWAHATI 8 ASSAM
VERSUS
PARESH CH DAS CLASS I CONTRACTOR, S/O LATE MOHAN CH. DAS, PIYALI PHUKAN ROAD REHABARI, GUWAHATI KAMRUP(M), ASSAM 781008
For the petitioner (s) : Ms. R. Deka,
SC, Water Resource
For the respondent (s) : XXXX
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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 04.08.2025
Date of Judgment : 04.08.2025
JUDGMENT AND ORDER (ORAL)
Heard Ms. R. Deka, the learned counsel appearing on behalf of the review petitioners.
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under the schemes to the concerned Department of the Government of Assam.
(3) Upon receipt of the amount, bills of the writ petitioners shall be processed and cleared within a further period of 45 days.
In view of the directions issued herein above, the respondents to complete the entire process within a period of four months from today.
A copy of this order be furnished to Mr. B. Goswami, learned Addl. Advocate General, Assam and Mr. R. K. Dev Choudhury, learned DSGI.
The written instructions dated 26.09.2022 be kept as a part of the record of this case.
All these writ petitions stand disposed of accordingly.”
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after serving notice upon the Ministry of Jal Shakti. Ms. R. Deka, the learned counsel for the review petitioners has, however, candidly submitted that the order dated 27.09.2022 passed by this Court even in respect of those writ petitions where the Ministry of Jal Shakti was impleaded as party, has not been complied with till today.
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Union of India as well as the Brahmaputra Board.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the common order dated 27.09.2022 in WP(C) No.8862/2018 could be reviewed on the ground of non-joinder of the Ministry of Jal Shakti.
The State of Assam and 2 Ors represented by the Secy. to the Govt. of Assam, Water Resources Deptt.
Paresh Ch Das
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
