Page No.# 1/3 GAHC010139942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2214/2025 SMTI MITALI CHAKRABORTY W/O LATE JWAHARLAL CHAKRABORTY, RESIDENT OF SIBBARI ROAD, TARAPUR, DIST SILCHAR, DIST CACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR, GHY- 6 2:THE SILCHAR MUNICIPAL BOARD A BODY CONSTITUTED UNDER THE MUNICIPAL ACT 1956 AS AMENDED FROM TIME TO TIME REPRESENTED BY ITS CHAIRMAN SILCHAR DIST.- CACHAR ASSAM PIN- 788001. 3:THE CHAIRMAN SILCHAR MUNICIPAL BOARD SILCHAR DIST CACHAR ASSAM 78800 Advocate for the Petitioner : MR. J SARMAH, Advocate for the Respondent : GA, ASSAM, MR. S DUTTA Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28-07-2025 Heard Mr. J. Sarmah, learned counsel for the applicant. This application is filed by the applicant, namely, Smti. Mitali Chakraborty, the wife of late Jawharlal Chakraborty, who is the petitioner no.2 in WP(C) No.18 of 2017. It is submitted that during the pendency of the writ petition, the petitioner no.2 expired on 09.03.2025 leaving behind the applicant/wife as the sole legal heir. It is submitted that since the claim in the writ petition is for pensionary benefits for the services rendered by the writ petitioner no.2, the right to sue remains and therefore, notwithstanding the death of Jawharlal Chakraborty, the relief claimed in the writ petition is required to be pursue by the applicant, who is the sole legal heir. It is, therefore, submitted that the applicant be substituted as the legal heir of late Jawharlal Chakaraborty. Taking into consideration the submissions and upon perusal of the averments made in the Interlocutory Application, it is seen that the claim in the writ petition is towards release of the pensionary benefits of the writ petitioners. The petitioner no.2, namely, late Jawharlal Chakraborty, however, expired during the pendency of the writ petition. The applicant being the widow of the sole legal heir seeks substitution in place of the writ petitioner. The right to sue Page No.# 3/3 survives as the claim in the writ petition is towards the pensionary benefits entitled. The prayer is not objected to by Ms. RS Muchahary, learned counsel for the respondent nos. 2 & 3 and Mr. R. Dhar, learned Government Advocate, Assam for the respondent no.1. Accordingly, Interlocutory Application stands allowed and disposed of. Learned counsel for the applicant/petitioners shall file amended cause title before the Registry within a period of 2 (two) weeks from today. JUDGE Comparing Assistant