Gauhati High Court
I.A.(Civil)/1394/2026 of NUR ISLAM MIAH Vs THE STATE OF ASSAM on 10 May 2026
GAHC010079212026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1394/2026 NUR ISLAM MIAH S/O TASHIRUDDIN MIAH, R/O VILL- KUNTICHAR PART-II, P.O.- FALIMARI, P.S. AND DIST- DHUBRI, ASSAM 2: SAMINUR ISLAM SARKAR S/O HAKIMUDDIN
GAHC010079212026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1394/2026
NUR ISLAM MIAH
S/O TASHIRUDDIN MIAH, R/O VILL- KUNTICHAR PART-II, P.O.- FALIMARI, P.S. AND DIST- DHUBRI, ASSAM
2: SAMINUR ISLAM SARKAR
S/O HAKIMUDDIN SARKAR
RESIDENT OF VILLAGE- II NO. RIVER BLOCK
MAJERCHAR
P.O- MAJERCHAR
P.S AND DIST- DHUBRI
ASSAM
3: ISLAM ALI MONDAL
SO PASHAN ALI MONDAL
RESIDENT OF VILLAGE- II NO RIVER BLOCK
MAJERCHAR
P.O- MAJERCHAR
P.S AND DIST- DHUBRI
ASSAM
4: MOYDAN ALI
RESIDENT OF VILLAGE- KUNTICHAR PART II
P.O- FALIMARI
P.S AND DIST- DHUBRI
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER, PANCHAYAT AND RURAL
DEVELOPMENT DEPARTMENT, ASSAM, OFFICE ADDRESS AT JURIPAR
PANJABARI, GUWAHATI 781037
2:THE DISTRICT COMMISSIONER
DHUBRI
P.O AND DISTRICT- DHUBRI
ASSAM
3:THE ZILLA PARISHAD
DHUBRI
P.O AND DISTRICT- DHUBRI
ASSAM
4:THE EXECUTIVE OFFICER
DHARMASALA ANCHALIK PANCHAYAT
P.O AND DISTRICT- DHUBRI
ASSAM
5:THE FALIMARI GAON PANCHAYAT
FALIMARI
REPRESENTED BY ITS PRESIDENT
P.O AND DIST- DHUBRI
ASSAM
6:THE SECRETARY
THE FALIMARI GAON PANCHAYAT
FALIMARI
P.O AND DIST- DHUBRI
ASSAM
7:THE CIRCLE OFFICER
DHUBRI
P.O AND P.S- DHUBRI
ASSAM
8:THE CHAIRMAN
THE MUNICIPAL CORPORATION
DHUBRI
P.O AND P.S- DHUBRI
ASSAM
783301
9:THE EXECUTIVE OFFICER
THE MUNICIPAL CORPORATION
DHUBRI
P.O AND P.S- DHUBRI
ASSAM
78330
Advocate for the Petitioner : MR. SURAJIT DUTTA, MRS. S ROY
Advocate for the Respondent : GA, ASSAM, GA, ASSAM,MS. R CHOUDHURY(R-5),MS. B.
HAZARIKA (R-5),MR. P S BHATTACHARYYA (R-8)
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 11.05.2026 Heard Ms. S. Roy, learned counsel appearing for the applicant. Also heard Mr. P. Thapa, learned counsel appearing for the respondent Nos. 1, 3, 4 and 7, Mr. U. Das, learned Government Advocate for the respondent Nos. 2 and 7 and Ms. S. Azmeen, learned counsel for the respondent No. 5.
2. By way of this application, the applicant is seeking amendment of the Cause Title in the connected WP(C) No. 6322/2025 by deleting the name of The Municipal Corporation, Dhubri, represented by its Commissioner, which has been inadvertently impleaded as respondent No. 8 instead of the Chairman Municipal Board, Dhubri, P.O., P.S & District- Dhubri, PIN- 783301, Assam and the Executive Officer, P.O., P.S & District- Dhubri, PIN- 783301, Assam.
3. It has been specifically stated that due to an inadvertent error, the name of The Municipal Corporation, Dhubri, has been arrayed as respondent No. 8 in the connected writ petition, whereas the correct respondents ought to have been the Chairman Municipal Board, Dhubri and Executive Officer Municipal Board, Dhubri, and accordingly, seeks impleadment of the proposed Chairman Municipal Board, Dhubri and Executive Officer Municipal Board, Dhubri, as respondent Nos. 8 & 9. The relevant paragraphs of the aforesaid application read as under:
“2. That by order dated 21.01.2026, passed in I.A.(C) No. 97/2026, the petitioners were permitted to implead an entity described as "The Dhubri Municipal Corporation, represented by its Commissioner" as respondent no. 8.
3. That on 11.02.2026, during hearing of the writ petition, learned counsel appearing in Court submitted that there is no statutory entity known as "Dhubri Municipal Corporation", and that the correct legal entity is "Dhubri Municipal Board".
4. That the Hon'ble Court was pleased to grant liberty to the petitioners to file appropriate pleadings for correction of the cause title.
5. That the applicants beg to state that in pursuance to the order of the Hon'ble High Court dated 11.02.2026, the applicants preferred I.A. (C) No. 938/2026 with a prayer to amend the cause title of the writ for impleadment of necessary parties. But the said application was withdrawn for non furnishing of the proper address of the respondents proposed to be impleaded and in this regard, the Hon'ble High Court vide order dated 23.03.2026 allowed the prayer of the applicants by giving liberty to file fresh application.
6. That the applicants most respectfully submit that the entity described as 'The Dhubri Municipal Board, Dhubri' was inadvertently impleaded as respondent no. 8. In view of the submission recorded by this Hon'ble Court on 11.02.2026 and for proper and effective adjudication of the writ petition, the applicants seek leave to delete respondent no. 8 and substitute the same by impleading the following parties as Respondent Nos. 8 & 9:
8. THE CHAIRMAN MUNICIPAL BOARD, DHUBRI P.O., P.S. & DISTRICT. DHUBRI, PIN:783301 ASSAM.
9. THE EXECUTIVE OFFICER MUNICIPAL BOARD, DHUBRI P.O., P.S. & DISTRICT. DHUBRI, PIN:783301 ASSAM. The proposed amendment is formal in nature, does not change the cause of action, and causes no prejudice to any party.”
4. Reading the above, it is imperative that for effective adjudication of the writ in hand, the presence of the Chairman Municipal Board, Dhubri and Executive Officer Municipal Board, Dhubri, are essential for effective adjudication of the matter.
5. That being so, this court in the interest of justice, deems appropriate to allow the impleading application. As such, the name of The Municipal Corporation, Dhubri, represented by its Commissioner, as respondent No. 8 is struck off. The Chairman Municipal Board, Dhubri, P.O., P.S & District- Dhubri, PIN- 783301, Assam and the Executive Officer, P.O., P.S & District- Dhubri, PIN- 783301, Assam, are impleaded as respondent Nos. 8 and 9 respectively in W.P(C) No. 6322/2025.
6. Let an amended cause title be submitted before the Registry of this Court.
7. The interlocutory application is accordingly disposed of.
JUDGE Comparing Assistant