Gauhati High Court
Nilima Das vs The State Of Assam And 13 Ors on 23 March, 2023
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/5
GAHC010024562020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2142/2022
in
WP(C)/683/2020
NILIMA DAS
S/O LT. KANTHI RAM R/O BORIPARA
MALIGAON CHARIALI
WARD NO. 3
P.S. JALUKBARI
DIST. KAMRUP (M)
ASSAM
PIN 781012
VERSUS
THE STATE OF ASSAM AND 13 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
REVENUE DEPARTMENT DISPUR
GUWAHATI-781006
2:THE DEPUTY COMMISSIONER
KAMRUP (M)
DIST. KAMRUP (M)
ASSAM
PIN-781001
3:THE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE
GUWAHATI-781001
DIST. KAMRUP (M)
ASSAM
4:SRI KANDARPA SARMA
S/O LATE KHAGENDRA NATH SARMA
Page No.# 2/5
R/O- KAMAKHYA HILLS
P.O - KAMAKHYA
P.S -JALUKBARI
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
PIN- 781010.
5:SMT. MONORAMA DEVI
W/O- LATE JIBANATH SARMA
D/O LATE KHAGENDRA NATH SARMA
R/O- MALIGAON CHARIALI
NEAR OVER BRIDGE
P.O - PANDU
P.S- JALUKBARI
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
PIN- 781012.
6:SRI PRADIP KUMAR SARMA
S/O LATE KHAGENDRA NATH SARMA
R/O- MALIGAON CHARIALI
NEAR OVER BRIDGE
P.O PANDU
P.S- JALUKBARI
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN- 781012.
7:SMT. GIRIBALA DEVI
W/O LATE HEMANDRA NATH SARMA
R/O - NILACHALPUR
MALIGAON (NEAR LCB COLLEGE)
P.O -N. F RAILWAY H. Q
P.S -JALUKBARI
GUWAHATI
DIST. - KAMRUP (M)
ASSAM
PIN 781011.
8:SMT. PARAG KUSUM DEVI
W/O SRI PABAN SARMA
R/O- A.T ROAD
NAGAON
P.O AND P.S -NAGAON
DIST.- NAGAON
ASSAM
PIN- 782001.
Page No.# 3/5
9:SMT. HIMANI DEVI
D/O SRI HAMENDRA NATH SARMA
R/O- NILACHALPUR
MALIGAON (NEAR LCB COLLEGE)
P.O- N. F RAILWAY H.Q
P.S- JALUKBARI
GUWAHATI
DIST. - KAMRUP (M)
ASSAM
PIN- 781011.
10:SMT. ALAKA DEVI
D/O SRI HAMENDRA NATH SARMA
R/O- NILACHALPUR
MALIGAON (NEAR LCB COLLEGE)
P.O- N. F RAILWAY H. Q.
P.S- JALUKBARI
GUWAHATI
DIST. - KAMRUP (M)
ASSAM
PIN- 781011.
11:SRI RAJIB SARMA
S/O ASHOK NATH SARMA
R/O- MALIGAON CHARIALI
NEAR OVER BRIDGE
P.O- PNADU
P.S -JALUKBARI
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
PIN- 781012.
12:SRI RAJU SARMA
S/O ASHOK NATH SARMA
R/O- MALIGAON CHARIALI
NEAR OVER BRIDGE
P.O- PANDU
P.S- JALUKBARI
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
PIN- 781012.
13:M/S SHREEMOYEE CONSTRUCTION
REP. BY ITS PROPRIETOR SRI RATUL PRASAD SARMA
LOCATED NEAR KAMAKHYA MANDIR
P.O- KAMAKHYA
P.S- JALUKBARI
Page No.# 4/5
GUWAHATI
DIST. - KAMRUP (M)
ASSAM
PIN- 781010.
14:SRI RATUL PRASAD SARMA
S/O HIRANYA PRASAD SARMA
R/O- KAMAKHYA HILL
P.O- KAMAKHYA
P.S- JALUKBARI
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
PIN- 781010.
------------
Advocate for : MR. N K KALITA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 13 ORS.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
23.03.2023 Heard Shri NK Kalita, learned counsel for the applicant, who has filed the IA for substitution of the writ petitioner in the connected WP(C)/683/2020. It is the case of the applicant that the original writ petitioner Basanta Das is her husband, who had instituted the writ petition against the order of eviction. He further submits that there is interim order protecting the rights of the petitioner.
Shri Kalita, learned counsel submits that on 30.08.2021, the original petitioner Basanta Das has expired and since the right to sue survives, the present application has been filed to substitute Basanta Das by the present applicant Nilima Das.
The learned State Counsel as well as Shri MK Boro, learned counsel for the private respondent do not object to the substitution in principle.
Though there appears to be some delay in filing this application for substitution, considering the subject matter and in exercise of equitable jurisdiction, the instant Page No.# 5/5 application is allowed. Accordingly, the Registry is to take steps to replace the name of the original petitioner Basanta Das by the name of the applicant Nilima Das in the cause-title of the accompanying WP(C)/683/2020.
The application stands allowed.
JUDGE Comparing Assistant