Gauhati High Court

I.A.(Civil)/3022/2026 of JITEN GOGOI AND ANR Vs M/S INDIAN OIL CORPORATION LTD AND 3 ORS. on 6 October 2026

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GAHC010178992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3022/2026 JITEN GOGOI AND ANR S/O LATE GOLAP GOGOI, RESIDENT OF KHANIKAR, DIBRUGARH, P.O.- SESSA, P.S.- DIBRUGARH, DISTRICT- DIBRUGARH, ASSAM 2: KALLUL GOGOI

GAHC010178992026

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THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/3022/2026

JITEN GOGOI AND ANR

S/O LATE GOLAP GOGOI, RESIDENT OF KHANIKAR, DIBRUGARH, P.O.- SESSA, P.S.- DIBRUGARH, DISTRICT- DIBRUGARH, ASSAM

2: KALLUL GOGOI

S/O LATE BUDHIN GOGOI

R/O MANCOTTA

HATIMURAH

P.O.- SESSA

P.S.- DIBRUGARH

DISTRICT-DIBRUGARH

ASSA

VERSUS

M/S INDIAN OIL CORPORATION LTD AND 3 ORS.

REPRESENTED BY ITS GENERAL MANAGER, IOCL (MARKETING

DIVISION), NOONMATI, GUWAHATI-20

2:THE DEPUTY GENERAL MANAGER (RETAIL SALES)

IOCL

TINSUKIA DIVISION OFFICE

SRIPURIA

P.O. AND DISTRICT- TINSUKIA

ASSAM

3:THE DIVISIONAL RETAIL SALES MANAGER (SDRSM)

TINSUKIA DIVISIONAL OFFICE

P.O. AND DISTRICT- TINSUKIA

ASSAM. PIN- 786125.

4:GIRIN GOGOI @ GIRINDRA GOGOI

SON OF LATE GOLAP GOGOI

Page No.# 2/4

RESIDENT OF KHANIKAR GAON

P.O.- SESSA

P.S.- DIBRUGARH DISTRICT- DIBRUGARH

ASSAM

Advocate for the Petitioner : MR B KAUSHIK, P LHAMU,MR. S HAZARIKA

Advocate for the Respondent : MR. A JAHID, MR. R S MISHRA

Linked Case : WP(C)/283/2026

GIRIN GOGOI ALIAS GIRINDRA GOGOI

S/O- GOLAP GOGOI

RESIDENT OF KHANIKAR GAON

P.O SEESA

P.S AND DICTRICT- DIBRUGARH

ASSAM

VERSUS

M/S INDIAN OIL CORPORATION LTD. AND 2 ORS

REPRESENTED BY ITS GENERAL MANAGER

IOCL (MARKETING DIVISION) NOONMATI

GUWAHATI- 20.

2:THE DEPUTY GENERAL MANAGER (RETAIL SALES)

IOCL

TINSUKIA DIVISIONAL OFFICE SRIPURIA

P.O. AND DIST. TINSUKIA

ASSAM

3:THE DIVISIONAL RETAIL SALES MANAGER (SDRSM)

TINSUKIA DIVISIONAL OFFICE

P.O. AND DIST. TINSUKIA

ASSAM

PIN- 786125.

------------

Advocate for : MR. R S MISHRA

Advocate for : SC

I O C appearing for M/S INDIAN OIL CORPORATION LTD. AND 2 ORS

Page No.# 3/4

BEFORE

HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

07.10.2026

1. Heard Mr. B. Kaushik, learned counsel for the applicants. Also heard Mr. R. S. Mishra, learned counsel for the writ petitioner/opposite party.

2. The applicants by way of filing this application, seeks their impleadment as the respondent Nos. 4 and 5, in the connected writ petition being WP(C) No. 283/2026.

3. The connected writ petition is filed against a communication dated 06.01.2026 issued by the Divisional Retail Sales Manager, Tinsukia Divisional Office, IOCL, whereby, the supplies to the retail Petroleum Outlet has been suspended w.e.f. 07.01.2026.

4. The pleadings of the connected writ petition show that such action was taken on the allegation of non fulfillment of a stipulation as regards the ownership of the land from which the petrol pump is being run.

5. The present applicants claim to be co-sharers of the said land and also claim that it is their representation based on which, the IOCL initiated the action and therefore, they are an interested party in the connected writ petition.

6. Mr. Mishra, learned counsel for the writ petitioner objects to such an impleadment petition, particularly, on the ground that the writ petitioner is the co-owner and he has a right to carry on the business from the said petrol pump, more particularly, in a situation that based on such an arrangement, he was allowed to run the Outlet since the year 2019 and the applicants have raised their grievance after so many years.

7. Be that as it may, taking note of the entire issue, this Court is of the opinion that the applicants are required to be impleaded as respondent Nos. 4 and 5 in the connected writ petition for proper adjudication. Ordered accordingly.

8. The writ petitioner shall furnish an amended cause title in terms of the Notification No. 19 dated 19.06.2023 before the Registry within a period of two weeks from today. Thereafter, the Registry shall do the needful accordingly.

9. With the aforesaid, this Interlocutory Application stands disposed of by allowing the prayer. JUDGE Comparing Assistant

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