The State of Assam and 3 Ors. v. Babul Choudhury
Case brief
What is this about?
Gauhati High Court Review Petition No. Review.Pet./160/2025, decided 04.08.2025 (oral judgment) by Honourable Mr. Justice Devashis Baruah. Petitioners: State of Assam and 3 others, Water Resources Department (Secretary to Govt. of Assam, Chief Engineer Chandmari, Superintending Engineer Palashbari Town Protection Circle, Executive Engineer Guwahati West Division), represented by Ms. R. Deka, SC (Water Resources); respondent: Babul Choudhury (no counsel shown). Subject: review/recall of common order dated 27.09.2022 in WP(C) No.4891/2021 and connected writ petitions, which had directed communication of the supplementary budget to the Ministry of Jal Shakti, release of scheme funds by that Ministry within 60 days, and clearance of the writ petitioners' bills within 45 days, the whole process to conclude within four months. Ground urged: Ministry of Jal Shakti not impleaded; bills uncleared for want of Union contribution; prayer to hear writ petitions afresh after serving notice on the Ministry. Rejected: the order already directed the Ministry to pay; it was represented by Mr. R. K. Dev Choudhury, DSGI; no non-joinder objection was raised and the Ministry did not seek review; non-compliance of the order till date was candidly conceded; failure to implead is the writ petitioners' burden and no ground for review. Result: Review Petition dismissed as devoid of merit. Keywords: review of writ order, recall of order, non-joinder of necessary party, Ministry of Jal Shakti, Water Resources Department Assam, pending bills clearance, supplementary budget, Brahmaputra Board, WP(C) No.4891/2021.