Jiban Krishna Kundu v. Jugal Kishor Pareek And 5 Ors

GAHC010134622024 THE GAUHATI HIGH COURT(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2289/2024 JIBAN KRISHNA KUNDU, S/O LT. G.C. KUNDU, R/O 1ST FLOOR, T R PHUKAN ROAD, OPP. INCOME TAX OFFICE, WARD NO.2, P.O. AND DISTRICT DHUBRI, ASSAM VERSUS JUGAL KISHOR PAREEK AND 5 ORS S/O- LATE SAHANKAR LAL PAREEK, R/O- T.R. PHUKAN ROAD, WARD NO. 2, P.O. AND P.S.- DHUBRI, ASSAM- 783301. 2:KRISHNA PAREEK W/O- JUGAL KISHOR PAREEK R/O- T.R. PHUKAN ROAD WARD NO. 2 P.O. AND P.S.- DHUBRI ASSAM- 783301. 3:THE STATE OF ASSAM REPRESENTED BY- THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOUSING AND URBAN AFFAIRS AND DIRECTORATE OF TOWN AND COUNTRY PLANNING DISPUR GUWAHATI- 781006. 4:THE DHUBRI MUNICIPAL BOARD REPRESENTED BY- CHAIRMAN/ EXECUTIVE OFFICER DHUBRI ASSAM- 783301. 5:THE EXECUTIVE OFFICER DHUBRI MUNICIPAL BOARD DHUBRI ASSAM- 783301.6:ASSISTANT ENGINEER DHUBRI MUNICIPAL BOARD DHUBRI ASSAM- 783301 Linked Case : WP(C)/7562/2023 JUGAL KISHOR PAREEK AND ANR.S/O- LATE SAHANKAR LAL PAREEKR/O- T.R. PHUKAN ROAD WARD NO. 2P.O. AND P.S.- DHUBRI ASSAM- 783301.2: KRISHNA PAREEKW/O- JUGAL KISHOR PAREEKR/O- T.R. PHUKAN ROAD WARD NO. 2P.O. AND P.S.- DHUBRI ASSAM- 783301. VERSUS THE STATE OF ASSAM AND 3 ORS.REPRESENTED BY- THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOUSING AND URBAN AFFAIRS AND DIRECTORATE OF TOWN AND COUNTRY PLANNING DISPUR GUWAHATI- 781006. 2:THE DHUBRI MUNICIPAL BOARD REPRESENTED BY- CHAIRMAN/ EXECUTIVE OFFICER DHUBRI ASSAM- 783301. 3:THE EXECUTIVE OFFICER DHUBRI MUNICIPAL BOARDDHUBRI ASSAM- 783301. 4:ASSISTANT ENGINEER DHUBRI MUNICIPAL BOARDDHUBRI ASSAM- 783301. ------------ Advocate for the applicant(s): GN Sahewalla, Senior Advocate Ms. K Sarma Advocate for the respondent(s): Mr. S Sahu 09.08.2024 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAHORDER Heard Mr. GN Sahewalla, the learned senior counsel assisted Ms. K Sarma,the learned counsel appearing on behalf of the applicant. 2. This is an application filed by the applicant seeking impleadment in theaccompanying writ petition being WP(C)No.7562/2023 on the ground that theapplicant is a necessary party to the said proceedings. 3. It is the case of the applicant that the applicant is actually the owner of the flat, in question, wherein the writ petitioners have sought for permission toconstruct and make renovations. 4. This Court has heard Mr. PS Bhattacharyya, the learned counsel appearingon behalf of the Dhubri Municipal Board, who submitted that the MunicipalBoard has also initiated due action taking into account the complaint which hadbeen filed by the applicant. 5. Under such circumstances, it is the opinion of this Court that the applicantherein is a necessary party to the accompanying writ petition. Accordingly, theinstant application stands allowed by impleading the applicant herein as therespondent No.5 to the accompanying writ petition. 6. The learned counsel appearing on behalf of the writ petitioners is directedto file a fresh memo of parties before the Registry by 12.08.2024 and theRegistry on the basis of the instant order shall make the necessary correction inthe cause-title of the accompanying writ petition and also update the same inthe CIS. 7. The interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant