Tapan Medhi vs The State Of Assam And 4 Ors
2023 Latest Caselaw 4107 Gua

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GAHC010054572021




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

                           Case No. : WP(C)/2124/2021

         TAPAN MEDHI
         S/O LATE AMRIT MEDHI, R/O VILL. SALANA, P.O. AND P.S. KHETRI, DIST.
         KAMRUP (M), ASSAM, PIN 782403



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, WATER
         RESOURCES DEPTT., DISPUR, GUWAHATI 6

         2:THE CHIEF ENGINEER

          WATER RESOURCES DEPTT. ASSAM
          CHANDMARI
          GUWAHATI 3

         3:THE SUPERINTENDING ENGINEER

          NAGAON WATER RESOURCES CIRCLE
          NAGAON
          PIN 782001

         4:THE EXECUTIVE ENGINEER

          MORIGAON WATER RESOURCES DIVISION
          MORIGAON
          PIN 782105

         5:THE ASSTT. EXECUTIVE ENGINEER

          JAGIROAD WATER RESOURCES SUB DIVISION
          JAGIROAD
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            PIN 78241

For the petitioner (s)      : Mr. S. Muktar, Advocate

For the respondent (s)   : Mr. B. Goswami, Addl. Advocate General

                                BEFORE
                 HON'BLE MR. JUSTICE DEVASHIS BARUAH
                               ORDER

04.10.2023 The learned counsel for the petitioner as well as the learned Additional Advocate General submits that the issue involved in the instant writ petition is covered by the judgment of the Coordinate Bench of this Court dated 27.09.2022 passed in WP(C) No.4734/2021.

2. Upon perusal of the said judgment, it reveals that there is a direction upon the Ministry of Jal Shakti to release the amount under the scheme to the concerned Department of the Government of Assam. This direction, in the opinion of this Court, cannot be made in absence of the Ministry of Jal Shakti. 3. Mr. S. Muktar, the learned counsel for the petitioner submits that he would file an appropriate application to make the Union of India represented by the Secretary, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, New Delhi-110001 as a party to the instant proceedings.

4. Three weeks time is granted for filing the said application.

5. List accordingly.

JUDGE

Comparing Assistant