Allowed

Nur Islam Miah v. the State of Assam

Gauhati HC10 May 2026I.A.(Civil)/1394/2026

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an impleading application to amend cause title in a connected writ petition. The court struck off an erroneously impleaded "Municipal Corporation" and impleaded the Chairman and Executive Officer of the "Municipal Board", Dhubri.

What did the court decide?

Name of Municipal Corporation, Dhubri struck off; Chairman Municipal Board, Dhubri and Executive Officer, Dhubri impleaded as Respondents No. 8 and 9.

Nur Islam Miah Vs the State of Assam — Civil Procedure and Limitation | Gauhati HC (2026)

Page No.# 1/5

GAHC010079212026

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

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Case No. : I.A.(Civil)/1394/2026

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NUR ISLAM MIAH

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S/O TASHIRUDDIN MIAH, R/O VILL- KUNTICHAR PART-II, P.O.- FALIMARI, P.S. AND DIST- DHUBRI, ASSAM

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2: SAMINUR ISLAM SARKAR S/O HAKIMUDDIN SARKAR RESIDENT OF VILLAGE- II NO. RIVER BLOCK MAJERCHAR P.O- MAJERCHAR P.S AND DIST- DHUBRI ASSAM

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3: ISLAM ALI MONDAL SO PASHAN ALI MONDAL RESIDENT OF VILLAGE- II NO RIVER BLOCK MAJERCHAR P.O- MAJERCHAR P.S AND DIST- DHUBRI ASSAM

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4: MOYDAN ALI RESIDENT OF VILLAGE- KUNTICHAR PART II P.O- FALIMARI P.S AND DIST- DHUBRI ASSA

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VERSUS

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THE STATE OF ASSAM

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REPRESENTED BY THE COMMISSIONER, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM, OFFICE ADDRESS AT JURIPAR PANJABARI, GUWAHATI 781037

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2:THE DISTRICT COMMISSIONER

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DHUBRI P.O AND DISTRICT- DHUBRI ASSAM 3:THE ZILLA PARISHAD DHUBRI P.O AND DISTRICT- DHUBRI ASSAM 4:THE EXECUTIVE OFFICER DHARMASALA ANCHALIK PANCHAYAT P.O AND DISTRICT- DHUBRI ASSAM 5:THE FALIMARI GAON PANCHAYAT FALIMARI REPRESENTED BY ITS PRESIDENT P.O AND DIST- DHUBRI ASSAM 6:THE SECRETARY THE FALIMARI GAON PANCHAYAT FALIMARI P.O AND DIST- DHUBRI ASSAM 7:THE CIRCLE OFFICER DHUBRI P.O AND P.S- DHUBRI ASSAM 8:THE CHAIRMAN THE MUNICIPAL CORPORATION DHUBRI P.O AND P.S- DHUBRI ASSAM 783301 9:THE EXECUTIVE OFFICER THE MUNICIPAL CORPORATION DHUBRI P.O AND P.S- DHUBRI ASSAM 78330

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Advocate for the Petitioner : MR. SURAJIT DUTTA, MRS. S ROY

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Advocate for the Respondent : GA, ASSAM, GA, ASSAM,MS. R CHOUDHURY(R-5),MS. B. HAZARIKA (R-5),MR. P S BHATTACHARYYA (R-8)

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BEFORE

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HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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Date : 11.05.2026

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Heard Ms. S. Roy, learned counsel appearing for the applicant. Also heard Mr. P. Thapa, learned counsel appearing for the respondent Nos. 1, 3, 4 and 7, Mr. U. Das, learned Government Advocate for the respondent Nos. 2 and 7 and Ms. S. Azmeen, learned counsel for the respondent No. 5.

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2. By way of this application, the applicant is seeking amendment of the Cause Title in the connected WP(C) No. 6322/2025 by deleting the name of The Municipal Corporation, Dhubri, represented by its Commissioner, which has been inadvertently impleaded as respondent No. 8 instead of the Chairman Municipal Board, Dhubri, P.O., P.S & District- Dhubri, PIN- 783301, Assam and the Executive Officer, P.O., P.S & District- Dhubri, PIN- 783301, Assam.

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3. It has been specifically stated that due to an inadvertent error, the name of The Municipal Corporation, Dhubri, has been arrayed as respondent No. 8 in the connected writ petition, whereas the correct respondents ought to have been the Chairman Municipal Board, Dhubri and Executive Officer Municipal Board, Dhubri, and accordingly, seeks impleadment of the proposed Chairman Municipal Board, Dhubri and Executive Officer Municipal Board, Dhubri, as respondent Nos. 8 & 9. The relevant paragraphs of the aforesaid application read as under:

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Page No.# 4/5

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“ 2. That by order dated 21.01.2026, passed in I.A.(C) No. 97/2026, the petitioners were permitted to implead an entity described as "The Dhubri Municipal Corporation, represented by its Commissioner" as respondent no. 8.

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3. That on 11.02.2026, during hearing of the writ petition, learned counsel appearing in Court submitted that there is no statutory entity known as "Dhubri Municipal Corporation", and that the correct legal entity is "Dhubri Municipal Board".

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4. That the Hon'ble Court was pleased to grant liberty to the petitioners to file appropriate pleadings for correction of the cause title.

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5. That the applicants beg to state that in pursuance to the order of the Hon'ble High Court dated 11.02.2026, the applicants preferred I.A. (C) No. 938/2026 with a prayer to amend the cause title of the writ for impleadment of necessary parties. But the said application was withdrawn for non furnishing of the proper address of the respondents proposed to be impleaded and in this regard, the Hon'ble High Court vide order dated 23.03.2026 allowed the prayer of the applicants by giving liberty to file fresh application.

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6. That the applicants most respectfully submit that the entity described as 'The Dhubri Municipal Board, Dhubri' was inadvertently impleaded as respondent no. 8. In view of the submission recorded by this Hon'ble Court on 11.02.2026 and for proper and effective adjudication of the writ petition, the applicants seek leave to delete respondent no. 8 and substitute the same by impleading the following parties as Respondent Nos. 8 & 9:

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8. THE CHAIRMAN MUNICIPAL BOARD, DHUBRI P.O., P.S. & DISTRICT. DHUBRI, PIN:783301 ASSAM.

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9.THE EXECUTIVE OFFICER MUNICIPAL BOARD, DHUBRI P.O., P.S. & DISTRICT. DHUBRI, PIN:783301 ASSAM.

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The proposed amendment is formal in nature, does not change the cause of action, and causes no prejudice to any party.”

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4. Reading the above, it is imperative that for effective adjudication

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of the writ in hand, the presence of the Chairman Municipal Board, Dhubri and Executive Officer Municipal Board, Dhubri, are essential for

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effective adjudication of the matter.

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5. That being so, this court in the interest of justice, deems appropriate to allow the impleading application. As such, the name of The Municipal Corporation, Dhubri, represented by its Commissioner, as respondent No. 8 is struck off. The Chairman Municipal Board, Dhubri, P.O., P.S & District- Dhubri, PIN- 783301, Assam and the Executive Officer, P.O., P.S & District- Dhubri, PIN- 783301, Assam, are impleaded as respondent Nos. 8 and 9 respectively in W.P(C) No. 6322/2025.

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6. Let an amended cause title be submitted before the Registry of this Court.

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7. The interlocutory application is accordingly disposed of.

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JUDGE

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Comparing Assistant

Nur Islam Miah v. the State of Assam

Case brief

What is this about?

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Nur Islam Miah v. the State of Assam

Case brief

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