Gauhati High Court
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GAHC010129552025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./159/2025
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, WATER
RESOURCES DEPTT., DISPUR, GUWAHATI 781006, ASSAM.
2: THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
CHANDMARI
GUWAHATI 03
ASSAM.
3: THE ADDITIONAL CHIEF ENGINEER
UPPER ASSAM ZONE
WATER RESOURCES DEPTT.
DIBRUGARH
4: THE SUPERINTENDING ENGINEER
NAGHULI MAIJAN PROTECTION CIRCLE
DIBRUGARH
ASSAM.
5: THE EXECUTIVE ENGINEER
DIBRUGARH WATER RESOURCES DIVISION
DIBRUGARH
ASSAM
VERSUS
MD REZWAN ANSARI
S/O LATE MANZUR HUSSAIN ANSARI, R/O PALTAN BAZAR, P.O. JALAN
NAGAR, P.S. BORBARI, DIST. DIBRUGARH, ASSAM.
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Advocate for the Petitioner : MR R M DAS, SC, WATER RESOURCE
Advocate for the Respondent : ,
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BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 01.09.2025
Heard Mr. R. M. Das, learned Standing Counsel, Water Resource
Department, appearing for the petitioner.
2. The present review application has been filed praying for review of
the common Judgment and Order dated 27.09.2022, passed by a co-
ordinate Bench of this Court in WP(C).No.4734/2021 and other analogous
matters.
3. Similar review petitions, assailing the judgment and order dated
27.09.2022, passed in WP(C).No.7833/2018 and other analogous matters
was also a subject matter of challenge in Review Petition No.137/2025.
4. A Co-ordinate Bench of this Court on consideration of the matter
was pleased to dismiss the said review petition vide order dated
30.07.2025. The conclusions drawn by the co-ordinate Bench in the order
dated 30.07.2025, passed in Review Petition No.137/2025, being relevant
is extracted hereinbelow:
"5. Be that as it may, this Court finds that by the order dated 27.09.2022 direction
was also issued to the Ministry of Jal Shakti to release the amount due under the
scheme. The Ministry of Jal Shakti was duly represented by Mr. R. K. Dev
Choudhury, learned Deputy Solicitor General of India but no objection was raised by
the learned counsel for the respondents on the ground of nonjoinder of necessary
party. Moreover, the said Ministry has also not sought any review of the order.
6. It was for the petitioners to implead the Ministry of Jal Shakti and if they had
failed to do so resulting in a situation where the order dated 27.09.2022 cannot be
implemented on technical grounds, even then, it would be for the writ petitioners to
face the consequences. The same cannot, however, be a ground for this Court to
review/ recall the order dated 27.09.2022, which was passed by this Court after
hearing the learned counsel for the parties including the Deputy Solicitor General of
India representing the Ministry of Jal Shakti in the Union of India as well as the
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Brahmaputra Board.
7. For the reasons stated herein above, this Court does not find any good ground
to review the order dated 27.09.2022."
5. This Court is in respectful agreement with the conclusions reached
by the Co-ordinate Bench vide Judgment and Order dated 30.07.2025 in
Review Petition No.137/2025. The issue arising in the present proceeding
being similar to the one arising in Review Petition No.137/2025, the
decision as arrived at therein, would squarely apply to the present Review
Petition.
6. Accordingly, in view of the conclusions drawn above, the present
Review Petition is held to be devoid of merit and the same consequently
stands dismissed. However there would be no order as to costs.
JUDGE
Comparing Assistant
