Page No.# 1/4 vs Sanjeev Ranjan 11 Ors
2023 Latest Caselaw 1459 Gua

                                                              Page No.# 1/4

GAHC010048672023




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

                        Case No. : I.A.(Civil)/685/2023

         BIRAJ KALITA AND 2 ORS.
         S/O- LATE MANARAM KALITA, VILL AND P.O- BAGHMARA, MOUZA-
         MANIKPUR, DIST- BARPETA, ASSAM, PIN- 781328

         2: JATIN KALITA
          S/O- LATE AGHONA KALITA
         VILL AND P.O- BAGHMARA
          MOUZA- MANIKPUR
          DIST- BARPETA
         ASSAM
          PIN- 781328

         3: PRADIP BRAHMA
          S/O- LATE BISTIRAM BRAHMA
         VILL- HAZUWA
          P.O AND MOUZA- KOKLABARI
          DIST- BAKSA
          BTAD
         ASSAM
          PIN- 78133

         VERSUS

         SANJEEV RANJAN 11 ORS
         THE SECRETARY TO THE GOVT OF INDIA, MIN OF ROAD TRANSPORT
         AND HIGHWAYS, TRANSPORT BHAWAN NO.1, PARLIAMENT STREET, NEW
         DELHI- 110001

         2:NAGENDRA NATH SINHA
         THE CHAIRMAN
          NHAI
          G-5 AND 6 SECTOR 10
          DWARKA
          NEW DELHI- 11045
                                                       Page No.# 2/4


3:ARUNA RAJORIA
THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
 REVENUE AND DISASTER MANAGEMENT DEPTT
 DISPUR
 GHY- 06

4:RAJ CHAKRABORTY
THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM
 PWD (BLD AND NH) DEPTT
 BLOCK-B
 DISPUR
 GUWAHATI- 06

5:BIREN CH PHUKAN
THE PRINCIPAL SECRETARY
 BTC
 KOKRAJHAR
 BTC SECRETARIAT
 BODOFA NWGWAR
 DIST- KOKRAJHAR (BTAD)
ASSAM
 PIN- 783370

6:NRIPENDRA KR BORA
THE CHIEF ENGINEER
 PWD(NH)
 CHANDMARI
 GUWHATI- 781003

7:AJAY BARMAN
THE EXECUTIVE ENGINEER
 PWD (NH)
 RANGIA SUB DIVISION
 RANGIA DIST- KAMRUP
ASSAM PIN- 781354

8:MUNINDRA SHARMA
THE DEPUTY COMMISSIONER
 BARPETA
 P.O AND DIST- BARPETA
ASSAM
 PIN- 781301

9:BHASKAR PEGU
THE DEPUTY COMMISSIONER
 BAKSA MUSHALPUR
 DIST- BAKSA
                                                                              Page No.# 3/4

            ASSAM PIN- 781372

            10:SH S R BHATTACHARJEE
             MANAGER (T) CUM THE PROJECT DIRECTOR
             NHAI
             PROJECT IMPLEMENTATION UNIT
             H NO. 1 FIRST FLOOR
             DILIP HUJURI PATH
             NEAR BAGHSWARI MANDIR
             SARUMOTORIA
             DISPUR GUWAHATI- 22

            11:BIJAY SHANKAR REDDY P
             THE SUB DIVISIONAL OFFICER (CIVIL)
             BAJALI SUB DIVISION
             BAJALI PATHSALA
             DIST- BARPETA
            ASSAM
             PIN- 781325

            12:SRI SUBIMAL KULI

             THE CHIEF ENGINEER
             PUBLIC WORKS DEPARTMENT (N.H.)
             CHANDMARI
             GUWAHATI-781003
Advocate for the Petitioner : MR. U K DAS
Advocate for the Respondent : MR G RAHUL


                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                                   ORDER

10.04.2023

Heard Mr. U.K. Das, learned counsel for the applicants-writ petitioners and Mr. D.M. Nath, learned counsel for the opposite party-respondent no. 6.

2. The applicants as the petitioners, have preferred the connected contempt petition, Contempt Case [C] no. 454/2019 alleging non-compliance of the directions made in the judgment and order dated 27.02.2018 passed in the writ petition, W.P.[C] no. 2474/2012. By the common judgment and order dated 27.02.20218, a direction was made to the Deputy Page No.# 4/4

Commissioner, Barpeta to take immediate steps for preparing a correct and authentic assessment of the amount of compensation that is required to be paid to the petitioners and thereafter, to send the report to the Chief Engineer, PWD, [NH Works Division] within a stipulated period of time.

3. The instant interlocutory application has been preferred seeking impleadment of the following person : - "Sri Subimal Kuli, Chief Engineer, Public Works Department [N.H.], Assam" as a party-respondent in the connected contempt petition, Contempt Case [C] no. 454/2019 on the premise that the earlier incumbent of the office of the Chief Engineer, Public Works Department [N.H]., Assam, that is, Nripendra Kr. Bora has since retired from service on reaching the age of superannuation and in his place, Sri Subimal Kuli has joined as the Chief Engineer, Public Works Department [N.H], Assam.

4. By the representation dated 09.11.2022 [Annexure-1], the applicants-petitioners have put the proposed party-respondent on notice as regards the common judgment and order dated 27.02.2018 [supra].

5. I have gone through the averments made in the interlocutory application.

6. On hearing the learned counsel for the parties and having gone through the statements and averments made in the instant interlocutory application, I am of the considered view that for the purpose of proper adjudication of the connected contempt petition, Contempt Case [C] no. 454/2019, impleadment of "Sri Subimal Kuli, Chief Engineer, Public Works Department [N.H.], Assam" as a party-respondent appears necessary. Accordingly the instant interlocutory application is allowed.

JUDGE

Comparing Assistant