Shri Bhaben Dutta, Asi And Ors. vs. The State Of Assam And Ors.
Held
The Court allowed the impleadment of the 22 police personnel as respondent Nos. 6 to 27 in the writ petition. The Court considered the submissions made by the learned counsel for the petitioners in the interlocutory application and the statement of the learned counsel for the respondent (State of Assam) who had no objection. Based on these submissions, the Court found no impediment to allowing the application. The interlocutory application was accordingly disposed of.
Facts
This matter concerns an interlocutory application (I.A. No. 1384/2022) filed in a writ petition (W.P.(C) No. 1311/2019). The petitioners in the interlocutory application are Shri Bhaben Dutta and others, who are police personnel. They sought to implead Shri Lakhi Das and 21 other police personnel as respondent Nos. 6 to 27 in the main writ petition. The writ petition itself was filed by M/s. Jai Coke Industries against the Union of India and others, concerning GST matters. The current application is specifically about adding the aforementioned police personnel as parties to the ongoing writ petition.
Key Issues
1. Whether the police personnel named in the interlocutory application should be impleaded as respondent Nos. 6 to 27 in the writ petition (W.P.(C) No. 1311/2019)? Arguments for the Petitioner (in the I.A.): The petitioner sought to implead the specified police personnel as respondents, indicating their relevance to the proceedings. No specific legal provision was cited for impleadment, but the request implies their connection to the subject matter of the writ petition. Arguments for the Respondent (State of Assam): The learned counsel for the State of Assam stated that they had no objection to the application being allowed. No specific arguments were made for or against the impleadment, other than the lack of objection.
AI-generated summary — verify with the full judgment below
Page No.# 1/7 GAHC010087882022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1384/2022 SHRI BHABEN DUTTA, ASI AND ORS. S/O-LT. GUNA RAM DUTTA, KAHILIPARA, GHY-781019, NEAR 10 APBN GATE, ASSAM. 2: SATISH DAS ASI (UB) S/O- LATE UTSHAB DAS DALALPARA NATUN BASTI P.O AND P.S- FATASIL AMBARI- 781001 DIST- KAMRUP(M) ASSAM 3: MRITUNJAY SAIKIA ASI (UB) S/O- SRI GOLAP CHANDRA SAIKIA POLICE COMMISSIONERATE GHY- 781001 DIST- KAMRUP(M) ASSA VERSUS THE STATE OF ASSAM AND ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HOME DEPTT, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006 2:THE DGP ASSAM ASSAM POLICE HQ ULUBARI GUWAHATI- 781007 3:THE ADDL DIRECTOR GENERAL OF POLICE ASSAM (ADMN)
Page No.# 2/7 ASSAM POLICE HQ ULUBARI GUWAHATI- 781007 4:THE ADGP (T AND AP) ASSAM POLICE HQ ULUBARI GHY- 07 5:THE ASSTT IGP (TRG) ASSAM ULUBARI GUWAHATI- 781007 6:SHRI LAKHI DAS HAVILDER (M) CDO BN DIBRUGARH POSTED AS SI STF ASSAM. 7:SHRI SUBHASH MALAKAR ASI ( CLK )21 ST AP (IR) BN CACHAR POSTED AS SI DIMA HASAO 8:SHRI UJJAL KR. DAS ASI ( CLK )21 ST APB
The judgment continues below.
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