Gauhati High Court
On The Death Of Writ Petitioner No.2 Late ... vs The State Of Assam And 5 Ors on 21 November, 2022
Author: Suman Shyam
Bench: Suman Shyam
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GAHC010225982022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3393/2022
ON THE DEATH OF WRIT PETITIONER NO.2 LATE JYOTI PRASAD KHADRIA
WRIT PETITIONER NO. 1 REPRESENTED BY LAWFUL CONSTITUTED
ATTORNEY SRI SANGEET KHADRIA
S/O. LT. JYOTI PRASAD KHADRIA
KHADARIA
R/O 41 LAUKHOWA ROAD NEAR PKB NURSING HOME
HAIBORGAON
MAJARATI
NAGAON
HAIBARGAON
ASSAM
PIN 782002
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY SECRETARY
GOVT. OF ASSAM
REVENUE (SETTLEMENT) DEPTT.
DISPUR
GUWAHATI.
2:THE ADDL. CHIEF SECRETARY
GOVT. OF ASSAM
RENENUE AND DISASTER MANAGEMENT DEPTT.
DISPUR
GUWAHATI.
3:THE DIRECTOR OF LAND REQUISITION
ACQUISITION AND REFORMS
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ASSAM
RUPNAGAR
GUWAHATI-32.
4:THE DEPUTY COMMISSIONER NAGAON
DIST. NAGAON
ASSAM
5:THE ADDL. DEPUTY COMMISSIONER
NAGAON
DIST. NAGAON ASSAM.
6:THE CIRCLE OFFICER
KAMPUR REVENUE CIRCLE
KAMPUR
DIST. NAGAON.
------------
Advocate for : MR. M KHATANIAR
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
21.11.2022 Heard Mr. M. Khataniar, learned counsel for the applicants. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, Assam appearing for the OP Nos.1, 2 and 3 and Mr. J. Handique, learned Govt. Advocate, Assam appearing for the OP Nos.4, 5 and 6.
By filing this I.A., a prayer has been made to substitute the legal heirs of deceased writ petitioner No.2 Late Jyoti Prasad Khadaria who died on 17.11.2021.
Mr. Khataniar submits that the predecessor-in-interest of the applicants was one of the partners in the writ petitioner No.1 company and therefore, the Page No.# 3/3 applicants have a subsisting legal right in this matter. It is also the submission of Mr. Khataniar that save and except the applicants there is no other surviving legal heir of the deceased writ petitioner No.2.
Ms. Bordoloi and Mr. Handique, learned counsel appearing for the OPs, submits that they would not have any objection if the prayer for substitution is allowed by this Court.
In view of the above and taking note of the statements made in the I.A. the prayer for substitution made by the applicants is hereby allowed.
Registry to substitute the names of legal heirs of Late Jyoti Prasad Khadaria, as mentioned in paragraph 2 of the I.A. in the cause title of the writ petition by making necessary endorsement.
I.A. stands disposed of.
JUDGE Comparing Assistant