Gauhati High Court

I.A.(Civil)/1394/2026 of NUR ISLAM MIAH Vs THE STATE OF ASSAM on 10 May 2026

Cites 0, Cited by 0

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

Citations and Judicial Treatment

No citing decisions in the index yet

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…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead