Shree Shyam Enterprise Vs the State of Assam and 7 Ors. — Gauhati HC (2026) — LawSathi Research

Shree Shyam Enterprise Vs the State of Assam and 7 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impleadment of the Commissioner and Secretary, Department of Finance, Government of Assam as respondent No. 7 and the Chief Engineer, PWD, Government of Assam as respondent No. 8 in WP[C] No. 747/2024; applicant-petitioners to file an amended cause-title in terms of Notification no. 79 dated 19.06.2023 within three days before the Registry, upon which the Registry is to make the necessary correction and list the writ petition for admission on 09.02.2026.

Issue for consideration

Whether the Commissioner and Secretary, Department of Finance, Government of Assam and the Chief Engineer, PWD, Government of Assam ought to be impleaded as party respondents No. 7 and 8 respectively in the connected writ petition WP(C) No. 747/2024.

Court's answer

The application for impleadment is allowed: the Commissioner and Secretary, Department of Finance, Government of Assam and the Chief Engineer, PWD, Government of Assam are impleaded as respondents No. 7 and 8 respectively in the connected WP[C] No. 747/2024.

Ratio / Principle

Reasons: the Court had earlier granted time to file the impleadment application on the petitioner's prayer; the respondents sought to be impleaded are relevant for effective adjudication of the writ petition; and learned counsel for the respondents did not oppose the impleadment.

Detailed headnote1 paragraphs

Interlocutory Application (Civil) No. 82/2026 in connected WP(C) No. 747/2024 (writ petitioner seeking a direction for payment of outstanding amounts): the Gauhati High Court (Manish Choudhury, J.) allowed impleadment of the Commissioner and Secretary, Department of Finance, Government of Assam and the Chief Engineer, PWD, Government of Assam as respondents No. 7 and 8 respectively, the departments being relevant for effective adjudication and the respondents' counsel having not opposed the impleadment; 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 09.02.2026.

Page No.# 1/4

GAHC010003222026

undefined

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

Case No. : I.A.(Civil)/82/2026

SHREE SHYAM ENTERPRISE A PROPRIETORSHIP FIRM HAVING ITS REGISTERED OFFICE 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 53 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 AND 7 ORS. 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 ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI

Page No.# 2/4

GUWAHATI- 781008 4:THE CHIEF ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI- 781008 5:THE EXECUTIVE ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED BONGAIGAON SUB-UNIT BONGAIGAON ASSAM PIN- 783380 6:THE INSPECTOR GENERAL OF PRISON ASSAM KHANAPARA GUWAHATI- 781022 7: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 GOVERNMENT OF ASSAM CHANDMARI GUWAHATI ASSAM-781003 -----------Advocate for : MR B PATHAK Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS.

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 02.02.2026

Heard Mr. B. Pathak, learned counsel for the applicants and Mr. K. Gogoi, learned

Page No.# 3/4

Additional Senior Government Advocate for the opposite party-respondent nos. 1-6.

By filing this application, the applicant has sought for impleadment of the Commissioner and Secretary, Department of Finance, Government of Assam and the Chief Engineer, PWD, Government of Assam as party respondent No. 7 and 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.

On the prayer of the learned counsel for the petitioner, this Court has granted time to file application for impleadment of the Finance Department as well as PWD of the Government of Assam as the said department would be relevant for proper adjudication of the writ petition.

Having considered that this Court had granted time to file application for impleadment, on the prayer of the learned counsel for the petitioner, as 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 and 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 8 respectively in the connected WP[C] 747/2024.

I.A. stands allowed and disposed of.

Learned counsel for the applicant-petitioners 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 the necessary correction and thereafter, list the writ petition for admission on 09.02.2026.

Page No.# 4/4

JUDGE

Comparing Assistant