Page No.# 1/4 vs Sanjeev Ranjan And 11 Ors
2023 Latest Caselaw 1460 Gua

                                                         Page No.# 1/4

GAHC010048672023




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

                           I.A.(Civil)/623/2023

         PULIN BARMAN AND 2 ORS.
         S/O GOPAL BARMAN
         VILL. AND P.O. BHOTANTA MAHITARA
         MOUZA-MANIKPUR
         DIST. BARPETA
         ASSAM
         PIN-781328

         2: SHASHI MOHAN DAS
         S/O LT. PRABHAT CH. DAS
         VILL. AND P.O. BAGMARA
          MOUZA-MANIKPUR
          DIST. BARPETA
         ASSAM
          PIN-781328

         3: C.K.BRAHMA MANDIR
         REP. BY ITS PRESIDENT SRI PRADIP BRAHMA
         AGE 47 YEARS
         VILL. HAZUWA
         P.O. AND MOUZA-KOKLABARI
         DIST. BAKSA
         BTAD
         ASSAM
         PIN-781330
         VERSUS

         SANJEEV RANJAN AND 11 ORS.
         THE SECRETARY TO THE GOVT. OF INDIA
         MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
         TRANSPORT BHAWAN NO. 1
         PARLIAMENT STREET
         NEW DELHI-1110001
                                                     Page No.# 2/4

2:NAGENDRA NATH SINHA
THE CHAIRMAN
 NATIONAL HIGHWAYS AUTHORITY OF INDIA
 G-5 AND 6 SECTOR 10
 DWARKA
 NEW DELHI-11045
 3:ARUNA RAJORIA
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
 REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR
 GUWAHATI-6
 4:RAJ CHAKRABORTY
THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM
 PUBLIC WORKS DEPTT. (BLD. AND NH) DEPTT. BLOCK-B
 DISPUR
 GUWAHATI-6
 5:BIREN CH. PHUKAN
THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL
 KOKRAJHAR
 BTC SECRETARIATE
 BODOFA NWGWAR
 DIST. KOKRAJHAR (BTAD)
ASSAM
 PIN-783370
 6:NRIPENDRA KR. BORA
THE CHIEF ENGINEER
 PUBLIC WORKS DEPTT. (N.H.)
 CHANDMARI
 GUWAHATI-781003
 7:AJAY BARMAN
THE EXECUTIVE ENGINEER
 PWD (ND)
 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
ASSAM
                                                                              Page No.# 3/4

            PIN-781372
            10:S.R. BHATTACHARJEE
            MANAGER (T)-CUM- THE PROJECT DIRECTOR
            NATIONAL HIGHWAYS AUTHORITY OF INDIA
            PROJECT IMPLEMENTATION UNIT (PIU)
            HOUSE NO.1
            FIRST FLOOR
            DILIP HUZURI PATH
            NEAR BAGHSWARI MANDIR
            SARUMATORIA
            DISPUR
            GUWAHATI-22
            11:BIJAY BHASKAR REDDY P
            THE SUB-DIVISIONAL OFFICER (CIVIL)
            BAJALI SUB-DIVISION
            BSJALI
            PATHSALA
            DIST. BARPETA
            ASSAM
            PIN-781325
            12:SUBIMAL KULI
            THE CHIEF ENGINEER
            PUBLIC WORKS DEPARTMENT (N.H.)
            CHANDMARI
            GUWAHATI-781003
            ------------
            Advocate for : MR. U K DAS
            Advocate for : MR G RAHUL appearing for SANJEEV RANJAN AND 11 ORS.



                                   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. 418/2019 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. 2411/2012. By Page No.# 4/4

the common judgment and order dated 27.02.20218, a direction was made to the Deputy 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. 418/2019 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. 418/2019, 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