Gauhati High Court
I.A.(Civil)/2362/2022 of BHRAMAR KUMAR MAHANTA Vs SRI P.K.CHOWDHURY, IAS (RETD) AND 4 ORS. on 20 May 2026
GAHC010096412025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2362/2022 BHRAMAR KUMAR MAHANTA RESIDENT OF FLAT NO. 1A AND 1B MENALKA APARTMENTS R.G. BARUAH ROAD GUWAHATI DISTRICT KAMRUP(M) ASSAM PIN 781024. VERSUS SRI
GAHC010096412025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2362/2022
BHRAMAR KUMAR MAHANTA
RESIDENT OF FLAT NO. 1A AND 1B
MENALKA APARTMENTS
R.G. BARUAH ROAD
GUWAHATI
DISTRICT KAMRUP(M)
ASSAM
PIN 781024.
VERSUS
SRI P.K.CHOWDHURY
IAS (RETD) AND 4 ORS.
PRESIDENT OF GUWAHATI GYMKHANA CLUB
GUWAHATI TEA AUCTION CENTRE BUILDING
DISPUR
GUWAHATI- 6 AND R/O- H NO. 38A
GITA NAGAR ZOO NARANGI ROAD
GUWAHATI- 24
DIST- KAMRUP (M)
ASSAM.
2:MANTU BORA
HONY JOINT SECY OF THE GUWAHATI GYMKHANA CLUB MANAGING
COMMITTEE SITUATED AT GUWAHATI TEA AUCTION CENTRE BUILDING
DISPUR
GUWAHATI- 6
AND RESIDENT OF BASISTHA
BELTOLA ROAD
BELTOLA TINIALI
GUWAHATI- 28
DIST- KAMRUP(M)
ASSAM.
3:SRI SOURAV MAHANTA
HONY TREASURER OF GUWAHATI GYMKHANA CLUB MANAGING
COMMITTEE
SITUATED AT GUWAHATI TEA AUCTION CENTRE BUILDING
DISPUR
GHY-6 AND RESIDENT OF BASISTHA BELTOLA ROAD
BELTOLA TINIALI
GHY- 28
DIST- KAMRUP(M)
ASSAM
4:PRASANTA KUMAR BARUAH
S/O- SRI UMESH CHANDRA BORUAH
H NO. 8
SURUJ MUKHI PATH
R G BARUAH ROAD
GUWAHATI- 5
DIST- KAMRUP(M)
ASSAM
PIN- 781008.
5:THE GUWAHATI GYMKHANA CLUB
A SOCIETY REGISTERED UNDER SOCIETY REGISTRATION ACT
1860
HAVING ITS REGISTERED OFFICE AT GUWAHATI TEA AUCTION CENTRE
BUILDING
DISPUR
GUWAHATI- 781006. REPRESENTED BY ITS HONY. SECRETARY SRI KAMAL
CHANDRA DAS.
------------
For the Applicant(s) : Mr. B.D. Deka, Advocate For the Respondent(s) : Mr. M.K. Choudhury, Sr. Advocate Ms. M. Hazarika, Sr. Advocate Mr. A. Biswas, Advocate Mr. M. Sarma, Advocate Mr. U. Bharadwaj, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 21.05.2026
Heard Mr. B.D. Deka, the learned counsel appearing on behalf of the applicant. Ms. M. Hazarika, the learned Senior Counsel assisted by Mr. A. Biswas, the learned counsel appears on behalf of the respondent No. 4. Mr. M.K. Choudhury, the learned Senior Counsel assisted by Mr. M. Sarma, the learned counsel appears on behalf of the respondent No. 5 and Mr. U. Bharadwaj, the learned counsel appears on behalf of the respondent Nos. 1, 2 and 3.
2. This is an application for recall of the judgment dated 27.08.2019 passed in CRP(IO) No. 244/2019 on the ground that a mistake had occurred while passing the said judgment by disposing of the revision application without awaiting the report of the Commissioner.
3. It has also been submitted at the Bar that, though vide the judgment dated 27.08.2019, a direction was issued to hold the elections of the respondent No. 5 under the aegis of Mr. S. Dutta, who was appointed as the Commissioner, however, the election could not be held and a report was subsequently submitted by Mr. S. Dutta, the Commissioner. However, on account of the closure of the revision application, the said report of Mr. S. Dutta, the Commissioner could not be taken into account. This has resulted in prejudice being caused to the parties to the instant proceedings.
4. It is a settled principle of law that when an order passed by the Court results in a mistake thereby causing prejudice to the parties, it is incumbent upon the Court to recall such order.
5. Taking into account the above, this Court recalls the judgment dated 27.08.2019 only to the extent of disposal of the revision petition being CRP(IO) No. 244/2019 and restores the said revision application to the file of this Court.
6. This Court clarifies that by the present order it has not recalled the directions passed in paragraph Nos. 4, 5 and 6 of the judgment dated 27.08.2019, which shall be subject to further decision of this Court after taking into account the report submitted by Mr. S. Dutta, the Commissioner.
7. With the above, I.A. stands disposed of.
JUDGE Comparing Assistant