THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY SECRETARY OF THE BAR COUNCIL OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH 2ND FLOOR OLD BLOCK GAUHATI HIGH COURT GUWAHATI-01. ------------ Advocate for : MR. M U MONDAL Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP (C) 6806/2023 MOKBUL HOSSAIN SON OF ZAKARIA HUSSAIN, RESIDENT OF VILLAGE- BOSAIMARI, P.O.- AIRKATA, P.S.- FAKIRGANJ, Page No.# 3/5 IN THE DISTRICT OF DHUBRI, ASSAM. PRESENTLY RESIDING AT VILLAGE- OZIGMI, P.O. AND P.S.- GOSSAIGAON, IN THE DISTRICT OF KOKRAJHAR, ASSAM, PIN- 783360. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM LAW AND JUSTICE DEPARTMENT DISPUR GUWAHATI-6. 3:THE BAR ASSOCIATION GOSSAIGAON DISTRICT- KOKRAJHAR REPRESENTED BY THE SECRETARY BAR ASSOCIATION GOSSAIGAON P.O. AND P.S.- GOSSAIGAON IN THE DISTRICT OF KOKRAJHAR ASSAM. 4:THE PRESIDENT BAR ASSOCIATION GOSSAIGAON P.O. AND P.S.- GOSSAIGAON IN THE DISTRICT OF KOKRAJHAR ASSAM Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : GA, ASSAM Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY Date : 23.02.2024 ORDER Heard Mr. A. Alim Sk, learned counsel for the applicant and Mr. S. Baruah, learned Junior Government Advocate, Assam for the opposite party nos. 1 & 2.

The applicant as the writ petitioner, has preferred the connected writ petition, W.P.[C] no. 6806/2023 to assail an Notification dated 28.07.2023 issued by the President, Gossaigaon Bar Association whereby the applicant-petitioner has been restrained from practicing in the Courts at Gossaigaon. By the instant interlocutory application, the applicant-petitioner is seeking impleadment of the following authority :- ‘the Bar Council of Assam, Nagaland, Mizoram & Arunachal Pradesh, Represented by Secretary of the Bar Council of Assam, Nagaland, Mizoram & Arunachal Pradesh, 2nd floor, Old Block, Gauahti High Court, Guwahati – 01’ as the party-respondent no. 5 in the connected writ petition.

It has been averred that the proposed party-respondent is a necessary party for adjudication of the issues involved in the connected writ petition. It is stated that due to inadvertence, the proposed party-respondent could not be impleaded in the array of respondents in the connected writ petition.

Mr. Baruah, learned Junior Government Advocate, Assam appearing for the opposite party no. 1 and opposite party no. 2 has submitted that he has no Page No.# 5/5 objection if the interlocutory application is allowed.

I have gone through the statements and averments made in the instant interlocutory application.

In view of the issues stated to be involved in the connected writ petition, this Court is of the considered view that presence of the proposed party- respondent as party-respondent no. 5 in the connected writ petition is necessary.

Accordingly, the instant interlocutory application for impleadment of the proposed party-respondent as party-respondent no. 5 in the connected writ petition is allowed.

The learned counsel for the applicant-petitioner shall submit an amended Cause-Title in terms of the Notification no. 79 dated 19.06.2023 before the Registry within 2 [two] working days from today. On submission of such amended Cause-Title, the Registry shall carry out the necessary corrections in the Cause-Title as well as in the CIS. The connected writ petition is to be listed, thereafter. JUDGE Comparing Assistant