The Commissioner And Secretary vs Kaphot Dam And 7 Ors
2022 Latest Caselaw 3113 Gua

                                                                    Page No.# 1/5

GAHC010184552020




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : I.A.(Civil)/2273/2020

         THE COMMISSIONER AND SECRETARY
         REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR,
         GUWAHATI- 781006, DIST.- KAMRUP(M), ASSAM.



         VERSUS

         KAPHOT DAM AND 7 ORS.
         W/O- SRI SANTOSH DAM, R/O- VILL.- ZIRIKINDENG, P.O. ZIRIKINDENG,
         P.S. KHERONI, DIST.- KARBI ANGLONG, ASSAM, PIN- 782448.

         2:THE STATE OF ASSAM
          REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
          DISPUR
          GUWAHATI- 781006
          DIST.- KAMRUP(M)
         ASSAM.

         3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          HOME AND POLITICAL DEPARTMENT
          DISPUR
          GUWAHATI- 781006
          DIST.- KAMRUP(M)
         ASSAM.

         4:THE DIRECTOR GENERAL OF POLICE
         ASSAM
          ULUBARI
          GUWAHATI- 781007
          DIST.- KAMRUP(M)
         ASSAM.

         5:THE DEPUTY COMMISSIONER
                                                                      Page No.# 2/5

             HAMREN
             DIST.- KARBI ANGLONG
             ASSAM
             PIN- 782486.

            6:THE SUPERINTENDENT OF POLICE
             HAMREN
             DIST.- KARBI ANLONG
            ASSAM
             PIN- 782486.

            7:THE OFFICER-IN-CHARGE
             KHERONI POLICE STATION
             P.O. KHERONI
             DIST.- KARBI ANGLONG
            ASSAM
             PIN- 782440.

            8:THE OFFICER-IN-CHARGE
             ZIRIKINDENG POLICE STATION
             PRESENT P.S. HAMREN
             DIST.- KARBI ANGLONG
            ASSAM
             PIN- 782448

Advocate for the Petitioner   : SC, REVENUE AND DISASTER MANAGEMENT DEPT

Advocate for the Respondent : GA, ASSAM




             Linked Case : WA/138/2022

            THE COMMISSIONER AND SECRETARY
            TO THE GOVT. OF ASSAM
            REVENUE AND DISASTER MANAGEMENT DEPARTMENT
            DISPUR
            GUWAHATI- 781006
            DIST.- KAMRUP(M)
            ASSAM.


             VERSUS

            KAPHOT DAM AND 7 ORS. A
                                                      Page No.# 3/5

W/O- SRI SANTOSH DAM
R/O- VILL.- ZIRIKINDENG
P.O. ZIRIKINDENG
P.S. KHERONI
DIST.- KARBI ANGLONG
ASSAM
PIN- 782448.

2:THE STATE OF ASSAM
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
 DISPUR
 GUWAHATI- 781006
 DIST.- KAMRUP(M)
ASSAM.
 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
 DISPUR
 GUWAHATI- 781006
 DIST.- KAMRUP(M)
ASSAM.
 4:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
 GUWAHATI- 781007
 DIST.- KAMRUP(M)
ASSAM.
 5:THE DEPUTY COMMISSIONER
 HAMREN
DIST.- KARBI ANGLONG
ASSAM
 PIN- 782486.
 6:THE SUPERINTENDENT OF POLICE
 HAMREN
DIST.- KARBI ANLONG
ASSAM
 PIN- 782486.
 7:THE OFFICER-IN-CHARGE
KHERONI POLICE STATION
 P.O. KHERONI
 DIST.- KARBI ANGLONG
ASSAM
 PIN- 782440.
 8:THE OFFICER-IN-CHARGE
ZIRIKINDENG POLICE STATION
 PRESENT P.S. HAMREN
 DIST.- KARBI ANGLONG
ASSAM
 PIN- 782448.
                                                                                Page No.# 4/5

            ------------
            Advocate for : SC
            REVENUE AND DISASTER MANAGEMENT DEPT
            Advocate for : GA
            ASSAM appearing for KAPHOT DAM AND 7 ORS. A



                                   BEFORE
                        HONOURABLE THE CHIEF JUSTICE
                    HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

Date : 22.08.2022

Heard Mr. R. Borpujari, learned counsel for the applicant. Also heard Mr. A. Chetry, learned counsel appearing for respondent no. 1.

By this Interlocutory Application, the applicant has prayed for the following reliefs:

"It is therefore prayed that Your Lordships would be pleased to issue notice upon the opposite parties to show cause as to why the Applicant shall not be granted leave to prefer appeal against the impugned judgment and order dated 28.03.2019 passed in W.P. (Crl) No. 3/2017; and, upon cause or causes being shown and upon hearing the parties, Your Lordships would be pleased to grant leave to the applicant to prefer appeal against the impugned judgment and order dated 28.03.2019 passed in W.P. (Crl) No. 3/2017."

It is a matter of fact that the applicant was not made a party in the writ petition. As averred in paragraph 2 of the present application, as per the Rules of Business of the Government of Assam, the applicant, i.e. the Department of Revenue & Disaster Management, Government of Assam, is the competent authority for dealing with the cases for grant of relief to the next of kins of the persons killed in extremist violence.

We are satisfied that by the contentions raised in this application it is established that the applicant is affected by the directions issued by this Court while disposing of the aforesaid writ petition. Hence, the leave prayed for in paragraph 5 of the Page No.# 5/5

application deserves to be granted and is hereby granted.

Interlocutory Application is allowed.

Let the Appeal be listed on 12.09.2022 for further orders.

                      JUDGE                   CHIEF JUSTICE




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