IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Manish Choudhury, J.
Ajoy Kumar Basumatary, Son Of Munindra Kumar Basumatary – Petitioner
Versus
The State Of Assam And Ors. – Respondents
I.A.(Civil)/2524/2023
Decided On : 15-09-2023
Interlocutory application - Seeking correction in name and details – Held, It is averred that the applicant-writ petitioner has inadvertently arrayed State of Assam as party-respondent - Interlocutory application, the prayer seeking correction in the name and detail of the party-respondent no. 1 in the array of respondents made in the writ petition - Writ petition allowed.
ORDER :
Heard Mr. A. Dhar, learned counsel for the applicant-writ petitioner; Mr. S.R. Rabha, learned Standing Counsel, BTC for the official opposite parties; and Mr. K.N. Choudhury, learned senior counsel assisted by Mr. M. Das, learned counsel for the opposite party no. 5.
2. The applicant as the writ petitioner, has preferred the connected writ petition, W.P.[C] no. 2160/2023 to challenge an award of a minor mineral concession area in favour of the opposite party no. 5.
3. The instant interlocutory application has been filed seeking correction in the name and details of the party-respondent no. 1 in the array of respondnets made in the writ petition, W.P.[C] no. 2160/2023.
4. It is averred that the applicant-writ petitioner has inadvertently arrayed ‘The State of Assam, represented by the Secretary, Forest, Bodoland Territorial Council, Tengapara, Kokrajhar, Assam, Pin -783370’ as party-respondent no. 1 instead of ‘The Bodoloand Territorial Council, Forestry and Wildlife Department, BTC Secretariat, Bodofa NWGWR, Kokrajhar – 783370’.
5. Having regard to the statements made in the instant interlocutory application, the prayer seeking correction in the name and detail of the party-respondent no. 1 in the array of respondents made in the writ petition, W.P.[C] no. 2160/2023 is allowed.
6. Instead of the earlier party-respondent no. 1 ‘The State of Assam, represented by the Secretary, Forest, Bodoland Territorial Council, Tengapara, Kokrajhar, Assam, Pin -783370, the name and details of the following party-respondent no. 1 are to be incorporated in the cause-title of the writ petition, W.P.[C] no. 2160/2023.
Forestry and Wildlife Department, BTC Secretariat,
Bodofa NWGWR, Kokrajhar – 783370’
7. The Registry is to carry out necessary correction in the cause-tile of the writ petition as well as in the CIS.
Impleadment of necessary parties in a Writ Petition.
Judgment found the extension of mineral concession rules to private agencies contrary to earlier laws, thereby reasserting the binding nature of previous rulings in similar cases.
Court mandates correction of erroneous naming in revenue order to match original Form-7 applicant.
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