Page No.# 1/4 GAHC010104972023 2025:GAU-AS:2927 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1329/2023 ON THE DEATH OF BHUPEN DAS HIS LEGAL HEIRS GITA DAS AND ORS. 1.1: SMTI GITA DAS R/O- MAJOR HATI BARPETA P.S. AND DIST.- BARPETA. 1.2: SRI KESHAR JYOTI DAS R/O- MAJOR HATI BARPETA P.S. AND DIST.- BARPETA. 1.3: SMTI DEEPSHIKHA DAS R/O- MAJOR HATI BARPETA P.S. AND DIST.- BARPETA. 1.4: SMTI SILPA DAS R/O- MAJOR HATI BARPETA P.S. AND DIST.- BARPETA. 2: SRI KUSHAL KUMAR BAYAN S/O- LATE PHUKAN BAYAN R/O- GAYAN HATI BARPETA P.S. AND DIST.- BARPETA VERSUS Page No.# 2/4 THE CHIEF SECRETARY, GOVT. OF ASSAM AND 4 ORS REPRESENTING THE STATE OF ASSAM, DISPUR, GUWAHATI- 781006. 2:THE SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE CHIEF ENGINEER (MAJOR) IRRIGATION DEPARTMENT CHANDMARI GUWAHATI- 781003. 4:THE CHIEF ENGINNER (MINOR) IRRIGATION DEPARTMENT CHANDMARI GUWAHATI- 781003. 5:THE EXECUTIVE ENGINEER POHUMARA RUPOHI DIVISION (IRRIGATION) SARUPETA- 781318 BARPET Advocate for the Petitioner : MR G KAKOTI, MR. P THAKURIA Advocate for the Respondent : GA, ASSAM, SC, IRRIGATION Linked Case : RFA/133/2019 SRI BHUPEN DAS AND ANR S/O- LATE DINANATH DAS R/O- MAJOR HATI BARPETA P.S. AND DIST.- BARPETA. 2: SRI KUSHAL KUMAR BAYAN S/O- LATE PHUKAN BAYAN R/O- GAYAN HATI BARPETA P.S. AND DIST.- BARPETA. VERSUS Page No.# 3/4 THE CHIEF SECRETARY GOVT. OF ASSAM AND 4 ORS REPRESENTING THE STATE OF ASSAM DISPUR GUWAHATI- 781006. 2:THE SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE CHIEF ENGINEER (MAJOR) IRRIGATION DEPARTMENT CHANDMARI GUWAHATI- 781003. 4:THE CHIEF ENGINNER (MINOR) IRRIGATION DEPARTMENT CHANDMARI GUWAHATI- 781003. 5:THE EXECUTIVE ENGINEER POHUMARA RUPOHI DIVISION (IRRIGATION) SARUPETA- 781318 BARPETA ------------ Advocate for : MR G KAKOTI Advocate for : GA ASSAM appearing for THE CHIEF SECRETARY GOVT. OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 19.03.2025 Heard Mr. G. Kakoti, learned counsel for the applicant and also heard Ms. K. Phukan, learned counsel for the respondent No.1(a) and Mr. N.N. Upadhyaya, learned counsel for the respondent Nos. 2 to 5. This interlocutory application under Order 22 Rule 3 read with Section 151 Page No.# 4/4 of Code of Civil Procedure is preferred for substitution of deceased Appellant No.1. The learned counsel for the applicant submits that the respondent No.1 namely, Bhupen Das has suffered demised on 28.02.2023, and as such the legal representative of respondent No.1 are required to be impleaded in RFA No. 133/2019. The learned counsel for the respondents submits that they have no objection in the event of allowing this application. Taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on the record this Court is inclined to allow this application. The legal representative of appellant No.1 be substituted in the RFA No. 133/2019. JUDGE Comparing Assistant