Gauhati High Court

I.A.(Civil)/1963/2026 of ASOM KRISTI BIKASH SANGHA AIAS KRISTI BIKASH SANGHA, Vs THE STATE OF ASSAM on 16 June 2026

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GAHC010127802024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1963/2026 ASOM KRISTI BIKASH SANGHA AIAS KRISTI BIKASH SANGHA NORTH BONGAIGAON A REGISTERED ORGANIZATION REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 1860

GAHC010127802024

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THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/1963/2026

ASOM KRISTI BIKASH SANGHA AIAS KRISTI BIKASH SANGHA

NORTH BONGAIGAON

A REGISTERED ORGANIZATION REGISTERED UNDER THE SOCIETIES

REGISTRATION ACT

1860 BEARING REGISTRATION NO. RS/BONG/252/G/08 OF 2019-2020

HAVING ITS OFFICE AT NORTH BONGAIGAON

CHAPAGURI ROAD

P.O. AND P.S.- BONGAIGAON

DISTRICT- BONGAIGAON

ASSAM

PIN- 783380

REPRESENTED BY ITS PRESIDENT

SRI HEMANTA KUMAR SARMA

AGED ABOUT 82 YEARS

SON OF LATE JANAKI MOHAN SARMA

RESIDENT OF BOC GATE

NORTH BONGAIGAON

P.O. AND P.S. AND DISTRICT- BONGAIGAON

ASSAM

PIN- 783380.

2: SRI HEMANTA KUMAR SARMA

SON OF LATE JANAKI MOHAN SARMA PRESIDENT OF ASOM KRISTI

BIKASH SANGHA ALIAS KRISTI BIKASH SANGHA

NORTH BONGAIGAON. RESIDENT OF BOC GATE

NORTH BONGAIGAON

ASSAM

PIN783380.

3: SRI NAYAN JYOTI DAS ALIAS NAYAN MONI DAS

SON OF LATE GUNAJIT KUMAR DAS RESIDENT OF CHAPAGURI ROAD

NORTH BONGAIGAON

ASSAM

PIN783380.

4: SRI ABHIJIT DUTTA

SON OF LATE MANIK DUTTA RESIDENT OF NEW COLONY

KALIBARI

P.O. AND P.S. AND DISTRICTBONGAIGAON

ASSAM

PIN-783380

5: SRI SANJOY GHOSH ALIAS SANJAY SEN

SON OF LATE HARIPAD GHOSH RESIDENT OF TOWN SHASRTI ROAD

P.O. AND P.S. AND DISTRICTBONGAIGAON

ASSAM

PIN-783380.

6: SRI PAWAN KUMAR MAHATO

SON OF SRI RAM PUKAR MAHATO RESIDENT OF SHIVAM NAGAR

CHAPAGURI ROAD

P.O. AND P.S. AND DISTRICT-BONGAIGAON

ASSAM

PIN783380

VERSUS

THE STATE OF ASSAM

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM

REVENUE AND DISASTER MANAGEMENT DEPARTMENT

DISPUR

GUWAHATI-6

2:THE DISTRICT COMMISSIONER

BONGAIGAON

DISTRICT- BONGAIGAON

ASSAM

PIN-783380.

3:THE ADDITIONAL DISTRICT COMMISSIONER REVENUE

BONGAIGAON

DISTRICT- BONGAIGAON

ASSAM

PIN-783380.

4:THE CIRCLE OFFICER

BONGAIGAON REVENUE CIRCLE

DISTRICT- BONGAIGAON

ASSAM

PIN783380.

5:THE UNION OF INDIA

MINISTRY OF RAILWAYS

REPRESENTED BY GENERAL MANAGER

N.F. RAILWAY

MALIGAON

GUWAHATI-11

DISTRICTKAMRUPM

ASSAM

6:THE GENERAL MANAGER

N.F. RAILWAY

MALIGAON

GUWAHATI-11

DISTRICT-KAMRUPM

ASSAM.

7:THE DIVISIONAL RAILWAY MANAGER

RANGIA DIVISION

N.F. RAILWAY

MALIGAON

GUWAHATI-11

DISTRICT-KAMRUPM

ASSAM

8:THE ASSISTANT DIVISIONAL ENGINEER ADEN

N.F. RAILWAY

BONGAIGAON

DISTRICT-BONGAIGAON

ASSAM

PIN-783381

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

For the Applicant(s) : Mr. R. Sarma, Advocate For the Respondent(s) : Ms. A. Gayan, CGC

Mr. H. Sarma, Addl. Sr. Govt. Advocate

Ms. G. Hazarika, Standing Counsel

BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 17.06.2026

This is an application filed for impleading the opposite party Nos. 5 to 8 as parties to the accompanying writ petition on the ground that the land in question, over which the petitioners are presently in occupation, belongs to the Railways.

2. This Court has also taken note of Annexure-3 to the accompanying writ petition, which is a certificate purportedly issued by a Railway authority stating that the petitioners’ institution is occupying an unused Railway plot of land in the North Bongaigaon area admeasuring 60 feet X 120 feet. It is pertinent to observe that the area mentioned in the said Annexure-3 of the accompanying writ petition would approximately measure 2 Kathas 10 Lechas. However, a perusal of Annexure-4 to the accompanying writ petition reveals that the Circle Officer, Bongaigaon Revenue Circle has certified that the Railways had permitted the petitioners’ institution to use 4 Kathas 9 Lechas of land.

3. This Court fails to understand the basis on which such a certificate has been issued by the Circle Officer, Bongaigaon Revenue Circle.

4. Taking into account the above aspects, this Court is of the opinion that the presence of opposite party Nos. 5 to 8 are necessary for the proper adjudication of the accompanying writ petition.

5. Accordingly, the opposite party Nos. 5 to 8 in the instant proceedings are impleaded as respondent Nos. 5 to 8 in the accompanying writ petition.

6. The learned counsel for the petitioners is directed to file a fresh Memo of Parties before the Registry of this Court by 22.06.2026 and the Registry on the basis of the fresh Memo of Parties as well as the instant order make necessary corrections in the cause title as well as update the same in the CIS.

7. With the above, I.A. stands disposed of.

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