Page No.# 1/4 GAHC010044502021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1973/2025 JAYANTI NATH DUTTA W/O LATE BIRAJ KR. DUTTA RESIDENT OF KIRANPRABHA ENCLAVE OPP. AMRIT UDYAN HENGRABARI PO HENGRABARI PS DISPUR DIST KAMRUPM ASSAM 2: SMTI IVY DUTTA ROY D/O LATE BIRAJ KR. DUTTA RESIDENT OF KIRANPRABHA ENCLAVE OPP. AMRIT UDYAN HENGRABARI PO HENGRABARI PS DISPUR DIST KAMRUPM ASSAM 3: SRI KISHORE DUTTA S/O LATE BIRAJ KR. DUTTA RESIDENT OF KIRANPRABHA ENCLAVE OPP. AMRIT UDYAN HENGRABARI PO HENGRABARI PS DISPUR DIST KAMRUPM ASSAM 4: SRI NEELAV NATH DUTTA S/O LATE BIRAJ KR. DUTTA RESIDENT OF KIRANPRABHA ENCLAVE OPP. AMRIT UDYAN Page No.# 2/4 HENGRABARI PO HENGRABARI PS DISPUR DIST KAMRUPM ASSAM 5: SMTI UMA DUTTA BAGBHI D/O LATE BIRAJ KR. DUTTA RESIDENT OF KIRANPRABHA ENCLAVE OPP. AMRIT UDYAN HENGRABARI PO HENGRABARI PS DISPUR DIST KAMRUPM ASSAM VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (ESTT B) DEPT. DISPUR GHY 06 3:THE UNDER SECRETARY TO THE GOVT. OF ASSAM FINANCE (ESTT B) DEPT. DISPUR GHY 06 4:OFFICE OF THE ACCOUNTANT GENERAL (AE) MAIDAMGAON BELTOLA GUWAHATI-781029 5:SMTI KASTURI KAUSHIK S/O LATE BIRAJ KR. DUTTA RESIDENT OF FLAT NO. 2 RAJDHANI APARTMENT ZOO ROAD NEAR HOTEL KAMRUPA DIST KAMRUP M ASSAM 6:SRI KRISHNAN KAUSHIK S/O LATE BIRAJ KR. DUTTA RESIDENT OF FLAT NO. 2 RAJDHANI APARTMENT ZOO ROAD Page No.# 3/4 NEAR HOTEL KAMRUPA DIST KAMRUP M ASSAM ------------ Advocate for : MR. P BOIRAGI Advocate for : SC FINANCE DEPTT. appearing for THE STATE OF ASSAM AND ORS Link Case: WP(C)/1640/2021 BIRAJ KR DUTTA S/O LATE GANGADHAR DUTTA, R/O BIR CHILARAI PATH, GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, FINANCE DEPARTMENT , DISPUR GUWAHATI 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (ESTT B) DEPT. DISPUR GHY 06 3:THE UNDER SECRETARY TO THE GOVT. OF ASSAM FINANCE (ESTT B) DEPT. DISPUR GHY 06 4:OFFICE OF THE ACCOUNTANT GENERAL (AE) MAIDAMGAON BELTOLA GUWAHATI-78102 Advocate for the Petitioner : MR. P BOIRAGI, MRS. B TALUKDAR,MR G G GOGOI,MRS. B CHAKRABORTY,MR. S J SARMAH Advocate for the Respondent : SC, FINANCE, MR R DHAR (SC, AG(A & E)) BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R Page No.# 4/4 26.08.2025 1. Heard Mr. P Boiragi, learned counsel for the applicants. Also heard Mr. R Barpujari, learned standing counsel for the Finance Department. 2. This is an application filed for substitution of the legal heirs of deceased writ petitioner, namely, Late Biraj Kr. Dutta, who filed the connected writ petition. The applicant No. 1 is the wife, applicant Nos. 2 and 5 are the daughters and application Nos. 3 and 4 are the sons of the deceased writ petitioner. The applicants also seek to implead one Smt. Kasturi Kaushik and Sri Krishnan Kaushik as proforma respondent Nos. 5 and 6 inasmuch as they are the son and daughter from another wife of the deceased writ petitioner. 3. Perused the application including the grounds for substitution. 4. In the considered opinion of this court, the right to sue survives and accordingly, the present application stands allowed. The applicant Nos. 1,2,3,4 and 5 be implead as writ petitioners in place of deceased writ petitioner, namely, Biraj Kr. Dutta. The proforma respondent Nos. 5 and 6 also be impleaded as proforma respondent Nos. 5 and 6 in the connected writ petition. 5. The petitioners are to file amended cause title before the Registry within a period of 10 days from today with an advance copy to the learned counsel representing the respondent Nos. 1,2,3 and 4. 6. IA stands disposed of. JUDGE Comparing Assistant