Page No.# 1/3 GAHC010143692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2177/2025 in WP(C)/5037/2018 ON THE DEATH OF LALITA SHARMA HER LEGAL HEIR YOGESH SHARMA S/O LATE LALITA SHARMA RESIDENT OF LACHIT NAGAR, NEAR V.K.V PATH, PO, PS AND DIST DIBRUGARH, ASSAM 786001 2: SHRI ANUJ SHARMA S/O LATE LALITA SHARMA RESIDENT OF LACHIT NAGAR NEAR V.K.V PATH PO PS AND DIST DIBRUGARH ASSAM 786001 3: SRI VIKASH SHARMA S/O LATE LALITA SHARMA RESIDENT OF LACHIT NAGAR NEAR V.K.V PATH PO PS AND DIST DIBRUGARH ASSAM 78600 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF MUNICIPAL ADIMINISTRATION ASSAM DISPUR GUWAHATI-6. Page No.# 2/3 3:THE DISTRICT MAGISTRATE DIBRUGARH DIST. DIBRUGARH ASSAM. 4:THE DIBRUGARH MUNICIPAL BORAD DIBRUGARH REP. BY ITS CHAIRPERSON DIBRUGARH ASSAM. 5:THE CHAIRPERSON DIBRUGARH MUNICIPAL BOARD DIBRUGARH ASSAM. 6:THE EXECUTIVE OFFICER DIBRUGARH MUNICIPAL BOARD DIBRUGARH ASSAM. 7:DIPAK KHARGHARIA S/O. LATE JATIN KHARGARIA RESIDENT OF EXTENDED KHALIHAMARI WARD NEAR V K V P.O. P.S. AND DISTRICT DIBRUGARH ASSAM Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MR. R S MISHRA Advocate for the Respondent : GA, ASSAM, MRS DIPANJALI BORPUJARI (R7),MR. R BORPUJARI (R7) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 19.07.2025 Heard Shri K.J. Saikia, learned counsel for the applicants, who by means of this application has prayed for substitution of their names in place of the original writ petitioner, who was their mother. Page No.# 3/3 It is averred that the original petitioner had instituted the writ petition with regard to the demolition of a portion of the building. However, the writ petitioner had expired on 14.06.2022 and the cause of action being continuing, the present application has been filed. Shri N. Das, learned State Counsel as well as Ms. Tinlung, learned counsel appearing on instructions of Shri RK Talukdar, learned Standing Counsel, Dibrugarh Municipal Board and Shri R. Borpujari, learned counsel for the respondent no. 7 are present. Though it appears that there has been delay in filing this application for substitution and the aspect of abatement may also come in, considering that the proceeding is under Article 226 of the Constitution of India, this Court is of the opinion that substantial justice would be done if the application is allowed. Accordingly, the I.A. stands allowed and the applicants stand substituted in place of the original writ petitioner. The learned counsel for the applicants is required to file an amended cause- title in the connected writ petition within a period of one week. JUDGE Comparing Assistant