Page No.# 1/4 GAHC010016602017 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1571/2025 ON THE DEATH OF BABBAN DUBEY HIS LEGAL HEIRS ABHAY KUMAR DUBEY S/O- LATE BABBAN DUBEY R/O- PN ROAD SANTIPARA PO PS AND DIST DIBRUGARH ASSAM 2: SRI BINAY SARMA S/O- LATE BABBAN DUBEY RESIDENT OF DEMOW JYOTI NAGAR PO AND PS DEMAOW DIST SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM and 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUESETTLEMENT AND DM DEPT DISPUR GAUHATI-06 ASSAM 2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM REVENUE SETTLEMENT AND D.M. DEPARTMENT DISPUR GAUHATI-06 ASSAM 3:THE DEPUTY COMMISSIONER SIVASAGAR Page No.# 2/4 DIST.-SIVASAGAR ASSAM PIN-785640 4:THE ADDL. DEPUTY COMMISSIONER SIVASAGAR DIST. SIVASGAR ASSAM PIN-785640 5:THE CIRCLE OFFICER DEMOW REVENUE CIRCLE DEMOW SIVASAGAR PIN-785662 6:SRI AJAY DUBEY S/O LATE LATE BABBAN DUBEY RESIDENT OF BHITIHI SAHABDUDDIN PO BHITHI SAHABDUDDIN PS BANIAPUR DIST CHAPRA BIHAR 841411 7:SRI BIJAY DUBEY S/O LATE BABBAN DUBEY RESIDENT OF WARD DEMOW JYOTI NAGAR PO AND PS DEMOW DIST SIVASAGAR ASSAM 8:SMTI BIVA PANDEY D/O LATE BABBAN DUBEY RESIDENT OF SMQ 376/G1 CAMRO COMPLEX SUBROTO PARK NEW DELHI 110010 ------------ Advocate for : MR. P J SAIKIA SR. ADV Advocate for : GA ASSAM appearing for THE STATE OF ASSAM and 4 ORS. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 18.06.2025 1. Heard Mr. R. S. Mishra, learned counsel for the applicants. 2. The present application is filed by the present applicants who are legal heirs of the deceased writ petitioner in the connected writ petition being WP(C) No. 1697/2017. 3. The deceased writ petitioner in WP(C) No. 1697/2017, claiming to be owner in possession in respect of a plot of land measuring 4 Katha 16 Lechas covered by Annual Patta No. 14, Dag No. 532 situated at Dihajan Habigaon under the Thowra Mouza, in the district of Sivasagar, Assam, assailed the action of the respondent authority in converting the said Annual Patta land into Sarkari Land. 4. The learned counsel for the applicants contends that the deceased writ petitioner left behind, along with the present two applicants, the other legal heirs totaling in 5 (five) numbers, which are detailed in the table at paragraph 2 of this present application. 5. It is the contention of the learned counsel for the applicants that the legal heirs at Sl. No. 3, 4 and 5 have declined to join the present applicants for substituting them as legal heirs. Accordingly, it is also prayed that the said three legal heirs be also arrayed as respondents in the connected writ petition, while substituting the deceased writ petitioner by the present applicants, who are at Sl. No. 1 and 2 of the table disclosing the legal heirs at paragraph 2. 6. Considered the pleadings as well as the application. It is the opinion of this Court that right to sue survives upon the five legal heirs, including the applicants Page No.# 4/4 and the proposed respondents. 7. Accordingly, prayer stands allowed. 8. Accordingly, on the death of deceased writ petitioner, namely, Babban Dubey, the present applicants, namely, Ajay Dubey and Bijay Dubey, be arrayed as petitioners and be numbered in seriatim as required under CIS. 9. The other three legal heirs which are arrayed as opposite party Nos. 6, 7 and 8, be impleaded as respondents in seriatim permissible under CIS. 10. After effecting the amendment of the cause title, same be furnished to the learned counsel for the State respondents. After incorporation of the amendment, as indicated hereinabove, the writ petition be listed accordingly. 11. I. A. stands disposed of. JUDGE Comparing Assistant