The Chief General Manager Hr Apgcl vs Dilip Kr Mazumdar And 5 Ors
2025 Latest Caselaw 7922 Gua

Gauhati High Court

The Chief General Manager Hr Apgcl vs Dilip Kr Mazumdar And 5 Ors on 22 October, 2025

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GAHC010223762025




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

                             Case No. : RSA/171/2025

         ASSAM POWER GENERATION CORPORATION LIMITED REPRESENTED BY
         1.1. THE CHIEF GENERAL MANAGER HR APGCL,
         BIJULEE BHAWAN, PALTANBAZAR, GUWAHATI - 781001, KAMRUP M,
         ASSAM.

         2: THE DEPUTY GENERAL MANAGER CIVIL INVESTIGATION CIRCLE
         A.P.G.C.L.
          NARENGI
          GUWAHATI - 781020.

         3: THE SENIOR MANAGER CIVIL
          B.K.V. INVESTIGATION DIVISION
         A.P.G.C.L.
          JAGIROAD 782410
          MORIGAON
         ASSAM

         VERSUS

         DILIP KR MAZUMDAR AND 5 ORS.
         SONS OF LATE HABIRAM MAZUMDAR, RESIDENT OF JAGIROAD, P.O.
         AND P.S. JAGIRAOD, PIN 782410, DISTRICT - MORIGAON, ASSAM

         2:PRADIP KR MAZUMDAR
          SONS OF LATE HABIRAM MAZUMDAR
          RESIDENT OF JAGIROAD
          P.O. AND P.S. JAGIRAOD
          PIN 782410
          DISTRICT - MORIGAON
         ASSAM RESPONDENTS

         3:HUSSAIN ALI
          SON OF SATUR ALI
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            4:JINNAT ALI
             SON OF LATE MAQBUL HUSSAIN


            5:NIL MOHAN MANDAL
             RESIDENTS OF NO. 2 BANGALBORI
             P.O. AND P.S. DHARAMTUL
             DISTRICT - MORIGAON
            ASSAM. PIN -782412

            6:DILU MAZUMDAR
             SON OF LATE HABIRAM MAZUMDAR
             RESIDENT OF JAGIROAD
             P.O. AND P.S. JAGIRAOD
             DISTRICT - MORIGAON
            ASSAM. PIN -782410 . PROFORMA DEFENDANT

Advocate for the Petitioner   : MR. D C C PHUKAN,

Advocate for the Respondent : FOR CAVEATOR, MD. S ALOM,MR A L MANDAL




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

22.10.2025

1. Heard Mr. D.C.C. Phukan, learned counsel for the appellants. Also heard Mr. A.L. Mandal, learned counsel for all the respondents.

2. This appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed by the appellants impugning the judgment and order dated 03.07.2025 and decree dated 11.07.2025 passed by the Court of learned District Judge, Morigaon in Title Appeal No.01/2023. After considering the submissions made by the learned counsel for both sides and going through the materials available on records the following substantial question of law is formulated in this appeal -

"Whether the finding of learned First Appellate Court in respect of Issues Page No.# 3/3

No.1, 3, 4, 6, 7 & 8 are perverse as much as it did not consider the facts that the legal heirs of Dipu Mazumdar are not made a parties. Moreover, the first appellate court did not consider the Exhibit-B (Counterfoil of Cheque), Exhibit-C (Money Receipts), Exhibit-D (Hand Receipt) and Exhibit-I to XXXII (Land Revenue Receipts) while arriving at conclusion which regards to aforesaid issuance."

3. Since, Mr. A.L. Mandal, learned counsel for all the respondents has appeared, no formal notice need to be issued to the respondents.

4. This appeal is admitted.

5. Let the records of the Trial Court as well as those of the First Appellate Court be requisitioned. The Registry is directed to take necessary steps for requisitioning the aforesaid records.

6. List this matter after 4 weeks on receipt of aforesaid records.

JUDGE

Comparing Assistant