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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Secretary to the Govt. of Assam, Water Resource Department – Appellant
Versus
Durga Prasad Upadhya S/o Late Indramoni Upadhya – Respondent
| Table of Content |
|---|
| 1. overview of the review petition against an order. (Para 1 , 2) |
| 2. argument on non-joinder of necessary party. (Para 3 , 4) |
| 3. court's analysis on necessity of party. (Para 5 , 6) |
| 4. no merit found for review petition. (Para 7) |
| 5. review petition dismissed. (Para 8) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Ms. R. Deka, the learned counsel appearing on behalf of the review petitioners.
2. The present review application has been filed challenging the common order dated 27.09.2022 passed in WP(C) No.6237/2021 whereby the learned Coordinate Bench of this Court after hearing the learned counsel for the parties in the said writ petition along with the batch of connected writ petitions passed the following order:-
“(1) Within 15 (fifteen) days from today, the concerned official of the State Government of Assam will communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority of the Ministry of Jal Shakti, Government of India.
(2) Within 60 (sixty) days from the date of receipt of such communication, the Ministry of Jal Shakti to release the amount due under the schemes to the concerned Department of the Government of
The court ruled that the obligation to join all necessary parties lies with the petitioners, and failure to do so does not warrant the review of an order.
A review petition challenging an order for lack of a party's joinder is unwarranted if the represented party did not raise any objections during the hearing; petitioners bear the responsibility to im....
Procedural non-compliance by petitioners does not justify reviewing a court order, especially when all necessary parties were represented during the original proceedings.
Procedural failures by petitioners do not justify a court order review, especially when necessary parties were represented and did not object.
Non-joinder of a necessary party does not invalidate a court's order where the party was represented and did not contest its involvement; petitioners are responsible for including all relevant partie....
A review petition cannot be entertained solely on grounds of non-joinder of necessary parties if the court previously heard all involved parties and issued a direction that must stand.
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