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Gauhati High Court

Manjuwara Khatun @ Monjura Begum vs Durga Puja Committee on 6 May, 2019

Author: Ujjal Bhuyan

Bench: Ujjal Bhuyan

                                                                                 Page No.# 1/2

GAHC010284272018




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : I.A.(Civil) 4403/2018 In
                                     WP(C) No.3403/2017

            1:MANJUWARA KHATUN @ MONJURA BEGUM
            W/O- HAFIZ ALI
            D/O- LAL MIAH
            PERMANENT RESIDENT OF VILL.- SONAI BERA (PASCHIM KHANDA), P.O.-
            SONAI BERA, P.S.- JURIA, DIST.- NAGAON, ASSAM AND PRESENTLY
            RESIDING AT BARSHAPARA, ROLIING MILL, P.O.- LALGANESH, P.S.-
            FATASIL AMBARI, GUWAHATI, DIST.- KAMRUP (M), ASSAM

            VERSUS

            1:DURGA PUJA COMMITTEE
            REP. BY THE SECRETARY OF KALI MANDIR, BEHIND THE BAJRANG
            ROLLING MILL, BARSAPARA, P.O.- LALGANESH, P.S.- FATASIL AMBARI,
            GUWAHATI, DIST.- KAMRUP (M), ASSAM, PIN- 781034

Advocate for the Petitioner   : MR. M K HUSSAIN

Advocate for the Respondent : GA, ASSAM


                                    BEFORE
                       HONOURABLE MR. JUSTICE UJJAL BHUYAN

                                           ORDER

Date : 06-05-2019 This is an application by the writ petitioner for addition of opposite party Durga Puja Committee, represented by Secretary of Kali Mandir, Lalganesh, Guwahati as respondent in WP(C) No.3403/2017.

By order dated 08.02.2019, this Court had issued notice whereafter Mr. AK Rai, learned counsel has appeared on behalf of the opposite party.

Page No.# 2/2 Mr. Rai submits that there is no entity called Durga Puja Committee; it is infact, Sarbajanin Kali Mandir Committee. However, since notice was served upon the Secretary, Secretary has entered appearance.

He, however, submits that opposite party is nowhere connected with the claim of the petitioner.

Grievance of the petitioner is to the untimely death of her daughter due to electrocution. Therefore, in such a petition without entering into technical aspects, Court is of the view that presence of the opposite party may only help in the adjudication of the dispute.

Accordingly, prayer made is allowed.

Let Durga Puja Committee/Sarbajanin Kali Mandir Committee represented by its Secretary, Lalganesh, Guwahati be added as respondent No.5 in WP(C) No.3403/2017.

Interlocutory application is disposed of.

JUDGE Biplab Comparing Assistant