Gauhati High Court
I.A.(Civil)/1452/2026 of ASZAD HUSSAIN Vs THE STATE OF ASSAM AND 3 ORS on 10 May 2026
GAHC010085062026 2026:GAU-AS:6414 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1452/2026 ASZAD HUSSAIN S/O- SALAM MIA, R/O- VILL.- KABARIBOND, P.O. PATHARKANDI, DIST. SRIBHUMI, ASSAM, PIN- 788724. VERSUS THE STATE OF ASSAM AND 3 ORS
GAHC010085062026
2026:GAU-AS:6414
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1452/2026
ASZAD HUSSAIN
S/O- SALAM MIA, R/O- VILL.- KABARIBOND, P.O. PATHARKANDI, DIST.
SRIBHUMI, ASSAM, PIN- 788724.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO
THE GOVT. OF ASSAM, PUBLIC WORKS ROADS DEPARTMENT, DISPUR,
2:THE CHIEF ENGINEER
PWD (ROADS)
ASSAM
CHANDMARI
GUWAHATI-3.
3:THE EXECUTIVE ENGINEER
PWRD
PATHARKANDI AND R.K. NAGAR TERRITORIAL ROAD DIVISION
RAMKRISHNA NAGAR
P.O. RAMKRISHNA NAGAR
DIST. SRIBHUMI
ASSAM
PIN- 788712.
4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
JANATA BHAWAN
DISPUR
GUWAHATI-6
Page No.# 2/4
Advocate for the Petitioner : MR N HAQUE, MR. A K AZAD,MR K UDDIN
Advocate for the Respondent : SC, PWD, SC, FINANCE
Linked Case : WP(C)/5042/2025
ASZAD HUSSAIN
S/O- SALAM MIA
R/O- VILL.- KABARIBOND
P.O. PATHARKANDI
DIST. SRIBHUMI
ASSAM
PIN- 788724.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE
GOVT. OF ASSAM
PUBLIC WORKS ROADS DEPARTMENT
DISPUR
2:THE CHIEF ENGINEER
PWD (ROADS)
ASSAM
CHANDMARI
GUWAHATI-3.
3:THE EXECUTIVE ENGINEER
PWRD
PATHARKANDI AND R.K. NAGAR TERRITORIAL ROAD DIVISION
RAMKRISHNA NAGAR
P.O. RAMKRISHNA NAGAR
DIST. SRIBHUMI
ASSAM
PIN- 788712.
4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
Page No.# 3/4
JANATA BHAWAN
DISPUR
GUWAHATI-6.
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Advocate for the applicant(s): Mr. K Uddin Advocate for the respondent(s): Mr. B Gogoi, Addl. AG, Assam B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
11.05.2026
This is an application filed for correction of the order dated 08.12.2025 passed in WP(C)No.5042/2025 whereby there were certain directions issued upon the respondents by this Court upon the respondent Nos.3, 6 and 7, although in the writ petition there were only four respondents.
2. Further to that, in the said order there were apparent mistakes committed by this Court in referring to the Standing Counsel of the BTC, though the BTC was not a party.
3. Taking into account that there has been a mistake committed by this Court in passing the order dated 08.12.2025 in the accompanying writ petition and the well settled principle of law to the effect that on account of the mistake committed by the Court, the parties should not suffer, this Court accordingly recalls the order dated 08.12.2025 passed in WP(C)No.5042/2025.
4. The writ petition being WP(C)No.5042/2025 is, therefore, restored back to the file of this Court.
5. In terms of the above, the interlocutory application stands disposed of.
JUDGE Comparing Assistant