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Gauhati High Court

Smti. Bela Rani Sarkar vs The Union Of India And 7 Ors on 21 January, 2019

Author: A.S. Bopanna

Bench: A.S. Bopanna, Arup Kumar Goswami

                                                                Page No.# 1/4

GAHC010007332019




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

                        Case No. : I.A.(Civil) 156/2019
                                         in
                                 WP(C) 3094/2016

         1:SMTI. BELA RANI SARKAR
         D/O LT. KALI SANKAR SARKAR R/O G.B. COLONY, NEAR RAILWAY
         QUARTER NO. 77/A, NEW BONGIGOAN, P.O. NEW BONGAIGAON, P.S.
         BONGAIGAON, DIST. BONGAIGAON, ASSAM.

         VERSUS

         1:THE UNION OF INDIA and 7 ORS
         REP. BY THE GENERAL MANAGER, NORTH EAST FRONTIER RAILWAY,
         MALIGAON, GUWAHATI - 781011, DIST. TINSUKIA, ASSAM.

         2:FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER
          NORTH EAST FRONTIER RAILWAY
          MALIGAON
          GUWAHATI - 781011
          DIST. KAMRUP
         ASSAM.


         3:THE DIVISIONAL FINANCE MANAGER
          NORTH EAST FRONTIER RAILWAY
         ALIPURDUAR JUNCTION
          P.O. and P.S. ALIPURDUAR PIN - 736132
          DIST. ALIPURDUAR
         WEST BENGAL.


         4:THE MANAGER
          STATE BANK OF INDIA
          LINK BRANCH
          BONGAIGON
          PIN- 783380
                                                      Page No.# 2/4

             DIST. BONGAIGAON
             ASSAM.


            5:SRI ANIRUDDHA SARKAR
             S/O LT. KALI SANKAR SARKAR
             R/O KATHALTOLA
            ALIPURDUAR JUNCTION
             P.O. ALIPURDUAR JUNCITON
             P.S. ALIPURDUAR JUNCTION
             DIST. JALPAIGURI
            WEST BENGAL.


            6:ANJAN KUMAR SARKAR
             S/O- LATE KALI SANKAR SARKAR
            R/O- VILL.- SOUTH JITPUR
             PIN- 736123
             P.O.- BHOLARDABRI
             P.S.- ALIPURDUAR
             DIST.- ALIPURDUAR
            WEST BENGAL


            7:SMTI. BANDANA SARKAR
             D/O- LATE KALI SANKAR SARKAR
            R/O- VILL.- SOUTH JITPUR
             PIN- 736123
             P.O.- BHOLARDABRI
             P.S.- ALIPURDUAR
            WEST BENGAL


            8:SMTI. HELENA MANDAL @ ITIRANI MANDAL
             R/O- VILL.- SOUTH JITPUR
             PIN- 736123
             P.O.- BHOLARDABRI
             P.S.- ALIPURDUAR
            WEST BENGA

Advocate for the Petitioner   : MR. M P CHOUDHURY

Advocate for the Respondent : SC, NF RLY

Page No.# 3/4 BEFORE HON'BLE THE CHIEF JUSTICE MR. A.S. BOPANNA HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI 21.01.2019 (A.S. Bopanna, CJ) Heard Mr. MP Choudhury, learned counsel for the applicant.

The instant application is filed to bring the proposed respondents on record as they are stated to be the legal representatives of deceased respondent No.5.

A perusal of the reasons assigned in the application would disclose that on the death of respondent No.5, her son Sri Aniruddha Sarkar was brought on record. In the affidavit-in- opposition filed by the impleaded respondent, it is indicated that the deceased respondent No.5 had three other children whose names are presently indicated in the instant application and they are proposed to be brought on record as additional respondent Nos. 6,7 and 8. Since the proposed respondents would also be necessary and proper parties to adjudicate the issue involved in the connected writ petition, the prayer as made in the application is accepted.

Learned counsel for the applicant is permitted to bring on record the proposed respondents as respondent Nos. 6,7 and 8 in WP(C) No. 3094/2016.

Amendment to the cause title of the writ petition be carried out and steps be taken for issuance of notice to the impleaded respondent Nos. 6,7 and 8. On steps being taken, notice shall be issued to the impleaded respondent Nos. 6,7 and 8, returnable in four weeks.

The application is accordingly allowed.

            JUDGE                                        CHIEF JUSTICE
                       Page No.# 4/4



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