Shree Shyam Enterprise Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Shree Shyam Enterprise Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory application allowed and disposed of: the Commissioner & Secretary, Department of Finance, Government of Assam and the Chief Engineer, PWD, Government of Assam impleaded as respondent nos. 7 and 8 respectively in connected writ petition P.W.[C] no. 885/2024; amended cause-title to be filed within three days in terms of Notification no. 79 dated 19.06.2023; writ petition to be listed for admission on 18.02.2026.

Issue for consideration

Whether the Commissioner & Secretary, Department of Finance, Government of Assam and the Chief Engineer, PWD, Government of Assam should be impleaded as party-respondent no. 7 and party-respondent no. 8 respectively in the connected writ petition.

Court's answer

The impleadment application is allowed because the respondents sought to be impleaded (Commissioner & Secretary, Department of Finance, Government of Assam and Chief Engineer, PWD, Government of Assam) would be relevant for effective adjudication of the writ petition, and learned counsel for the respondents did not oppose the impleadment.

Ratio / Principle

The Commissioner & Secretary, Department of Finance, Government of Assam and the Chief Engineer, PWD, Government of Assam were ordered impleaded as respondents no. 7 and respondent no. 8 respectively in the connected writ petition, P.W.[C] no. 885/2024.

Key takeaways

Consequential directions: learned counsel for the applicant-petitioner to file an amended cause-title in terms of Notification no. 79 dated 19.06.2023 within three days; on such filing, the Registry to correct the cause-title and CIS and list the writ petition for admission on 18.02.2026.ratio¶¶19

Detailed headnote1 paragraphs

Gauhati High Court (Manish Choudhury, J.), order dated 09.02.2026 in I.A.(Civil)/227/2026: allowed the impleadment application filed by Shree Shyam Enterprise, the writ petitioner in connected writ petition P.W.[C] no. 885/2024 (a claim for direction to pay an outstanding amount), directing that the Commissioner & Secretary, Department of Finance, Government of Assam and the Chief Engineer, PWD, Government of Assam be impleaded as respondent nos. 7 and 8 respectively, the court finding them relevant for effective adjudication and noting that counsel for the respondents did not oppose. Counsel for the petitioner directed to file an amended cause-title in terms of Notification no. 79 dated 19.06.2023 within three days; Registry to correct the cause-title and CIS and list the writ petition for admission on 18.02.2026.

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GAHC010029942024

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

I.A.(Civil)/227/2026

SHREE SHYAM ENTERPRISE A PROPRIETORSHIP FIRM IN THE NAME OF SRI OM PRAKASH AGARWAL HAVING ITS REGISTERED OFFICE AT SHREE KUNJ HOUSE NO. 22-B JIBAN KRISHNA PATH HENGRABARI DISTRICT- KAMRUP (M) ASSAM- 781036 AND REPRESENTED BY ITS AUTHORIZED SIGNATORY SHRI JITENDRA AGARWALA AGED ABOUT 52 YEARS SON OF OM PRAKASH AGARWAL RESIDENT OF SHREE KUNJ HOUSE NO.22-B JIBAN KRISHNA PATH HENGRABARI DISTRICT- KAMRUP (M) ASSAM- 781036

VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI 781005 2:THE CHAIRMAN ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI 781008 3:THE MANAGING DIRECTOR

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ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI 781008 4:THE CHIEF ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI 781008 5:THE EXECUTIVE ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED BOGAIGAON SUB UNIT BOGAIGAON ASSAM 783380 6:THE INSPECTOR GENERAL OF PRISON ASSAM KHANAPARA GUWAHATI 781022 7:THE COMMISSIONER AND SECRETARY DEPARTMENT OF FINANCE GOVT OF ASSAM ASSAM SECRETARIAT BLOCK A 2ND FLOOR DISPUR GUWAHATI 781006 8:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT GOVT OF ASSAM CHANDMARI GUWAHATI ASSAM 781003 -----------Advocate for : MR B PATHAK Advocate for : GA ASSAM appearing for THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER

09.02.2026

Heard Mr. B. Pathak, learned counsel for the applicant and Ms. U. Das, learned Additional Senior Government Advocate for the opposite party-respondent nos. 1-6.

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By filing this application, the applicant has sought for impleadment of the Commissioner & Secretary, Department of Finance, Government of Assam and the Chief Engineer, PWD, Government of Assam as party- respondent no. 7 and party-respondent no. 8 respectively in the connected writ petition.

The applicant-writ petitioner has filed the connected writ petition praying for a direction to pay the outstanding amount.

Having considered that the respondents sought to be impleaded would be relevant for effective adjudication of the writ petition and considering that the learned counsel for the respondents have not opposed the impleadment, I deem it appropriate to allow this application.

Accordingly, the Commissioner & Secretary, Department of Finance, Government of Assam and the Chief Engineer, PWD, Government of Assam be allowed to be impleaded as respondents no. 7 and respondent no. 8 respectively in the connected writ petition, P.W.[C] no. 885/2024.

The interlocutory application stands allowed and disposed of.

The learned counsel for the applicant-petitioner shall file an amended cause-title in terms of Notification no. 79 dated 19.06.2023, within 3 [three] days’ from today before the Registry and on filing of such amended cause-title, the Registry to cause necessary corrections in the cause-title of the writ petition as well as in the CIS and thereafter, list the writ petition for admission on 18.02.2026.

JUDGE

Comparing Assistant