Shri Thiyum Surjit Singh vs. Shri Kesang Dorjee
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Honble Mr. Justice Nani Tagia
Listed On:
19 Jan 2022
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Order Text
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GAHC040012372021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : IA(C) 43/2021
1:SHRI THIYUM SURJIT SINGH DEFENCE STATES OFFICER ITANAGAR CIRCLE CAMP OF MODEL VILLAGE NAHARLAGUN AP.
VERSUS
1:SHRI KESANG DORJEE AND 23 ORS. S/O LT. TEN DORJEE P/R/O OF BONA VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
2:SHRI NGROUP DORJEE S/O LT. NIMA NORBU P/R/O BONA VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
3:SHRI KEJANG DORJEE S/O LT. PURPA TSERING PERMANENT RESIDENT OF BONA VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
4:SHRI PEMA WANCHEN S/O LT.MINDU
PERMANENT RESIDENT OF BONA VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
5:SHRI TSERING TSOMO S/O LT. TSERING CHEJE PERMANENT RESIDENT OF BONA VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
6:SMTI. KUNJANG TSOMO D/O LT. TEN DORJEE PERMANENT RESIDENT OF BONA VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
7:SHRI TASHI DORJEE S/O LT. TASI PERMANENT RESIDENT OF BONA VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
8:SHRI LONDU MAYUNG S/O LT. NAKPOLA PERMANENT RESIDENT OF BONA VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
9:SANGJE DORJE S/O LT. KESANG DORJEE PERMANENT RESIDENT OF BONA VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
10:SHRI DORJEE JURME S/O LT. NIMA BOMONG PERMANENT RESIDENT OF BONA VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
11:GAJONG BOMONG
PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
12:JOBANG TARON S/OLT. P.TARON PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
13:ANCHUT MAYUNG S/O LT. BARING MAYUNG PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
14:SHRI CHENGA MAYUNG S/O LT. NAKPO MAYUNG PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
15:CHELLIG BOMONG S/O LT. KAKI BAMONG PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
16:NYOLO BOMONG S/O LT. KIBO BOMONG PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
17:HALUNG DORON S/O LT. GADUK DORON PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
18:SHRI RAJONG BOMONG
LT. MOJE BOMONG PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
19:SHRI NAMSAY DORON S/O LT. SANGE DORON PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
20:AKKANG MEDO S/O LT. TOBO MEDO PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
21:SHRI PARDENG MAYUNG S/O LT. TASI BOMONG PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
22:NALENG SIBO S/O LT. KUYIT SIBO PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
23:SHRI DUGGING MAYUNG S/O LT. TENGING MAYUNG PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
24:SHRI GEPAK SIBO S/O LT. KUYIT SIBO PERMANENT RESIDENT OF MAYUNG VILLAGE PO/PS TUTING DIST. UPPER SIANG AP.
Advocate for the Petitioner : Ninnong Ratan Advocate for the Respondent : Oken Duggong
BEFORE HONBLE MR. JUSTICE NANI TAGIA
ORDER
Date : 19-01-2022
Heard Mr. Y. Doloi, learned counsel for the applicant.
This interlocutory application has been filed for deletion of respondent No. 5 (Shri Rajiv Gauba, the Cabinet Secretary to the Government of India) from the Cont.Cas(C)29(AP)/2020, contending that there is an Office Memorandum, issued by the Ministry of Law and Justice, Government of India, dated 08.05.2015, stating that the Cabinet Secretary to the Government of India shall not be made party in any litigation/Court cases.
Cont.Cas(C)29(AP)/2020 has been instituted by the petitioner alleging wilful violation of the order passed in WP(C)181 (AP)/2019, wherein the Cabinet Secretary to the Government of India was arrayed as respondent No. 1. Since the Cabinet Secretary to the Government of India was a party in the writ petition mentioned herein above, which has now been concluded by an order, dated 18.12.2019, passed in the said writ petition, the name of the Cabinet Secretary to the Government of India cannot now be deleted from the array of the respondents in the Contempt Petition inasmuch as, the Cabinet Secretary to the Government of India was also one of the respondents in the writ petition.
This interlocutory application, therefore, accordingly, stands dismissed.