M/S Bishnu Basumatary- Shubhashis Chakraborty (Jv) And Anr vs. The State Of Assam And 6 Ors
Facts
The petitioners, M/s Bishnu Basumatary-Shubhashis Chakraborty (JV) and Shubhashis Chakraborty, filed an interlocutory application (I.A. Civil/566/2024) in a linked writ petition (WP(C)/7624/2023). The application sought to delete respondent No. 7 and correct the cause title concerning respondent Nos. 1 and 2. Specifically, respondent No. 1 was to be replaced with "The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Public Works Department, Assam, Dispur, Guwahati-6." The respondents, including the Bodoland Territorial Council (BTC) and the Public Works Department (PWD), had no objection to the application. The Court directed the petitioners to submit the corrected cause title within two days and ordered the Registry to strike off "SC, GST" from the cause list.
Held
The Court allowed the interlocutory application. It ordered the deletion of respondent No. 7 from the array of parties. The cause title was directed to be corrected to reflect "The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Public Works Department, Assam, Dispur, Guwahati-6." Consequently, the remaining respondents were to be renumbered. The Court also directed the Registry to strike off "SC, GST" from the cause list. The reasoning was based on the consent of the parties involved. The I.A. was disposed of accordingly.
Key Issues
1. Whether the name of respondent No. 7 should be deleted from the array of parties, and if so, under what provision? 2. Whether the cause title concerning respondent Nos. 1 and 2 should be corrected as proposed by the petitioners? The petitioners sought the deletion of respondent No. 7 and correction of the cause title to accurately reflect the State of Assam as the relevant respondent. The respondents, represented by counsel for the BTC and PWD, stated they had no objection to the application being allowed. The judgment does not record any specific arguments from the revenue or state regarding the deletion or correction, other than their consent.
AI-generated summary — verify with the full judgment below
Page No.# 1/5 GAHC010037352024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/566/2024 M/S BISHNU BASUMATARY- SHUBHASHIS CHAKRABORTY (JV) AND ANR REPRESENTED BY SRI SHUBHASHIS CHAKRABORTY, AUTHORISED SIGNATORY, AGED ABOUT 43 YEARS, S/O SRI S.R. CHAKRABORTY, R/O B.T. ROAD, P.O. AND P.S.-BONGAIGAON, DIST-BONGAIGAON, ASSAM, PIN- 783380 2: SHUBHASHIS CHAKRABORTY S/O SRI S.R. CHAKRABORTY R/O B.T. ROAD P.O. AND P.S.-BONGAIGAON DIST-BONGAIGAON ASSAM PIN-78338 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPARTMENT, ASSAM, DISPUR, GUWAHATI-6 2:THE SECRETARY CUM NODAL OFFICER (5TH ASFC) BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM 3:THE ADDITTIONAL CHIEF ENGINEER-CUM-DIRECTOR PUBLIC WORKS DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR 4:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MUSHALPUR (R AND B) DIVISION
Page No.# 2/5 BAKSA ASSAM 5:THE ACCOUNTS OFFICER PUBLIC WORKS DEPARTMENT MUSHALPUR (R AND B) DIVISION BAKSA ASSAM 6:BISHNU BASUMATARY S/O SRI BIMAL KUMAR BASUMATARY R/O VILL-
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