Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 11346 (GAU)

MANJUWARA E KHANUM v. THE STATE OF ASSAM AND 11 ORS.

I.A.(Civil)/1347/2025 · 2025-06-25

Soumitra Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010087172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1347/2025 MANJUWARA E KHANUM W/O LATE SARIFAT ALI, R/O- VILLAGE PAIKAN PART-I P.O AND P.S- KRISHNAI DIST- GOALPARA, ASSAM PIN-783126 VERSUS THE STATE OF ASSAM AND 11 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, PANJABARI, JURIPAR GUWAHATI-37 2:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX GUWAHATI-06 3:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPURGUWAHATI-06 5:THE BLOCK DEVELOPMENT OFFICER Page No.# 2/4 MATIA DEVELOPMENT BLOCK P.O- MATIA DIST- GOALPARA ASSAM PIN-783101 6:THE BOARD OF SECONDARY EDUCATION ASSAM REP. BY ITS SECRETARY BAMUNIMAIDAM GUWAHATI DIST- KAMRUP (M) ASSAM PIN-781021 7:THE SECRETARY OF BOARD OF SECONDARY EDUCATION ASSAM BAMUNIMAIDAM GUWAHATI DIST- KAMRUP (M) ASSAM 8:THE PROJECT DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY DHUBRI DIST AND P.O- DHUBRI ASSAM PIN-783301 9:THE TREASURY OFFICER GOALPARA P.O AND DIST - GOALPARA ASSAM PIN-783101 10:THE SR. ACCOUNTS OFFICER OFFICE OF THE ACCOUNTANT GENERAL (A AND E) ASSAM MOIDAMGAON BELTOLA GUWAHATI-29 11:THE HEADMASTER OF MANIKPUR MIDDLE SCHOOL (MV) GOALPARA Page No.# 3/4 PO KRISHNAI DIST GOALPARA ASSAM 783126 12:THE HEAD MASTER OF KRISHNAI HABRAGHAT GOVT. HIGH SCHOOL P.O- KRISHNAI DIST- GOALPARA ASSAM PIN-78312 Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ Advocate for the Respondent : SC, P AND R.D., SC, FINANCE,SC, AG (A AND E),SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 26.06.2025 Heard Mr. M.A. Sheikh, learned counsel for the applicant. Also heard Mr. K. Konwar, learned Additional Advocate General appearing for the P&RD Department and Mr. D. Das on behalf of Mr. B. Sarma, learned Standing Counsel appearing for the Accountant General. It is submitted that the writ petitioner, Sri Sarifat Ali, passed away during the pendency of the writ petition. Accordingly, the widow of Late Sarifat Ali, being the applicant in the interlocutory application (I.A.), has filed an application seeking substitution as his legal heir. The learned counsel for the applicant submits that the deceased, Late Sarifat Ali, is survived by his widow (the applicant) and one daughter, namely Madhuri Rasul. It is further submitted that the said daughter is married and currently employed as a subject teacher, and she has expressed her unwillingness to be impleaded in place of her deceased father. This statement has been made in the affidavit accompanying the I.A., based on the knowledge of the applicant. Page No.# 4/4 The learned counsel for the respondents does not object to the prayer made. Accordingly, the interlocutory application (I.A.) stands allowed. The applicant, namely Manjuwara E. Khanum, shall be substituted in place of the deceased writ petitioner, Late Sarifat Ali. The learned counsel for the applicant is directed to file the amended cause title before the Registry within two (2) weeks from today. The I.A. is accordingly allowed and disposed of. Let a copy of the I.A. be tagged with the case records of WP(C)/3181/2022. JUDGE Comparing Assistant