Gauhati High Court
I.A.(Civil)/2174/2025 of DR PRITOM KUMAR BORTHAKUR AND ORS Vs SRI PREMJIT SARMA AND ORS on 14 May 2026
GAHC010116892019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W I.A.(Civil)/2174/2025 DR PRITOM KUMAR BORTHAKUR AND ORS S/O SRI PORESH CHANDRA BORTHAKUR RESIDENT OF 402 B ASTHA APARTMENT SURVEY BASISTHA ROAD GUWAHATI KAMRUP M ASSAM
GAHC010116892019
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W I.A.(Civil)/2174/2025
DR PRITOM KUMAR BORTHAKUR AND ORS
S/O SRI PORESH CHANDRA BORTHAKUR
RESIDENT OF 402
B ASTHA APARTMENT
SURVEY
BASISTHA ROAD
GUWAHATI KAMRUP M ASSAM 781028
2: DR. MADHUMITA ADHIKARI
W/O DR. IRAN BHARALI
RESIDENT OF 402
B ASTHA APARTMENT
SURVEY
BASISTHA ROAD
GUWAHATI KAMRUP M ASSAM 781028
3: DR. PRANJIT KHANIKAR
S/O SRI SATYENDRA NATH KHANIKAR
RESIDENT OF HOUSE NO. 6
NABODAY PATH
HENGRABARI
GUWAHATI 781036 DIST KAMRUP M ASSAM
4: DR. BRAJENDRA LAHKAR
S/O LATE SURENDRA CHANDRA LAHKAR
RESIDENT OF 302
B ASTHA APARTMENT
SURVEY
BASISTHA ROAD
GUWAHATI KAMRUP M ASSAM 781028
5: DR. ARUP KUMAR NATH
S/O SRI BHADRESWAR NATH
RESIDENT OF 4-D
PAN RESIDENCY
NAMGHAR PATH
PANJABARI
GUWAHATI 781037 DIST KAMRUP M ASSAM
APPLICANT 1 TO 5 ARE REP. BY THEIR CONSTITUTED ATTORNEY DR.
PALASH JYOTI MAZUMDAR
6: DR. PALASH JYOTI MAZUMDAR
S/O SRI RATNESWAR MAZUMDAR
RESIDENT OF HOUSE NO. 17
GOVT. PRESS ROAD BAMUNIMAIDAM GUWAHATI 781021
DIST KAMRUP M ASSAM
VERSUS
SRI PREMJIT SARMA AND ORS
S/O LATE PRAFULLA CHANDRA SARMA
DIRECTOR
M/S MANISHA BUILD AND TRADE PVT. LTD.
RESIDENT OF 11
MUKUNDA PATH
RUKMINIGAON
GUWAHATI-22
P.O. AND P.S. DISPUR
KAMRUP(M)
ASSAM.
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY
GUWAHATI DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6.
3:GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (GMDA)
REPRESENTED BY THE CHAIRMAN
GMDA
STATEFED BUILDING
BHANGAGARH
GUWAHATI-5.
4:THE CHIEF EXECUTIVE OFFICER
GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
STATEFED BUILDING
BHANGAGARH
GUWAHATI-5.
5:JEUTI DAS
W/O SRI SATYAJIT BHUYAN
R/O FLAT NO. 201
MANISHA AVENUE
RUKMINIGAON
GUWAHATI-22
P.O. AND P.S. DISPUR
DIST. KAMRUP METRO
ASSAM
------------
Advocate for : S RABHA
Advocate for : SC
G M D A appearing for SRI PREMJIT SARMA AND ORS
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Date : 15.05.2026 Heard Mr. A. K. Chaudhury, learned counsel appearing for the applicants. Also heard Mr. N. Das, learned Government Advocate appearing for the respondent No. 1; Mr. S. Bora, learned counsel appearing for the respondent Nos. 2 & 3 and Mr. G. Choudhury, learned counsel appearing for the respondent No. 4. By way of this interlocutory application, the applicants i.e., Dr. Pritom Kumar Borthakur, Dr. Madhumita Adhikari, Dr. Pranjit Khanikar, Dr. Brajendra Lahkar, Dr. Arup Kumar Nath and Dr. Palash Jyoti Mazumdar, are seeking their impleadment as respondents in the connected writ petition being WP(C) No. 3455/2019. The applicants are the owners of the commercial space situated at the ground floor of the building, which the petitioner has developed by virtue of his agreement with the land owners. The issue involved in the connected writ petition is as regards the demolition of the building in question constructed by the promoter/petitioner on the ground of alleged deviation as raised by GMDA. In view of the aforesaid, though the presence of the applicants may not be necessary for maintaining the writ petition; however, their presence appears to be proper and essential for effective and full adjudication of the connected writ petition. Accordingly, the interlocutory application stands allowed. Resultantly, the applicants, i.e., Dr. Pritom Kumar Borthakur, Dr. Madhumita Adhikari, Dr. Pranjit Khanikar, Dr. Brajendra Lahkar, Dr. Arup Kumar Nath and Dr. Palash Jyoti Mazumdar, be impleaded as respondent Nos. 5, 6, 7, 8, 9 and 10 respectively, in the connected writ petition. Let an amended cause title be submitted before the Registry for doing the needful. JUDGE Comparing Assistant