Page No.# 1/6 GAHC010001402021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2217/2025 ON THE DEATH OF MADAN LAL AGARWAL HIS LEGAL HEIR UMA DEVI AGARWAL W/O LATE MADANLAL AGARWAL R/O GAURISHAKAR BUILDING G.N.B. ROAD P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 2: SRI MOHIT AGARWAL S/O LATE MADANLAL AGARWAL R/O GAURISHAKAR BUILDING G.N.B. ROAD P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 3: SRI SAURABH AGARWAL S/O LATE MADANLAL AGARWAL R/O GAURISHAKAR BUILDING G.N.B. ROAD P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 4: SMTI RITU KEJRIWAL D/O LATE MADANLAL AGARWAL RESIDENT OF C/O MEHUL ASSOCIATES (INDIA) RZ 84 Page No.# 2/6 MAIN DABRI PALAM ROAD OPP. MCD COMMUNITY HALL NEW DELHI 110045 5: SMTI RASHMI GARODIA D/O LATE MADANLAL AGARWAL W/O SANDEEP GARODIA RESIDENT OF C/O GARODIA INDUSTRIES TOKRI GOLA MAKUM ROAD TINSUKIA ASSAM 786125 6: SMTI RAKHI AGARWAL D/O LATE MADANLAL AGARWAL W/O RAMESH AGARWAL RESIDENT OF VIVEKANANDA COLONY LAKHOTIA TOWER 2ND FLOOR LILUAH HOWRAH 711204 7: SMTI MEHAK AGARWAL D/O LATE MADANLAL AGARWAL W/O ASHISH AGARWAL RESIDENT OF C.O VISHAL TRADE LINKS HOUSE NO. 97 2ND FLOOR NEAR DGP OFFICE DR. B.K KAKOTI ROAD ULUBARI GUWAHATI 781007 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY ITS SECY. TO THE GOVT. OF ASSAM TOWN AND COUNTRY PLANNING DEPTT. DISPUR GUWAHATI 781006 2:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI 781006 3:THE CHAIRMAN TINSUKIA DEVELOPMENT AUTHORITY P.O. P.S. AND DIST. TINSUKIA Page No.# 3/6 ASSAM PIN 786125 4:THE EXECUTIVE OFFICER TINSUKIA MUNICIPAL BOARD P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 5:PAHNI BHUSAN SHARMA S/O LATE LALIT CHANDRA SHARMA R/O CHALIHA NAGAR C/O CHITRAKUT GAS AGENCY R.K. MARKET DEBI PUKHURI ROAD TINSUKIA TOWN P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 6:MADAN MOHAN SHARMA S/O LATE LALIT CHANDRA SHARMA R/O CHALIHA NAGAR C/O CHITRAKUT GAS AGENCY R.K. MARKET DEBI PUKHURI ROAD TINSUKIA TOWN P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 ------------ Advocate for : MR JITENDRA DAS Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS Linked Case :WP(C)/63/2021 MADAN LAL AGARWAL S/O LATE GAURISHANKAR AGARWAL, R/O GAURISHAKAR BUILDING, G.N.B. ROAD, P.O. , P.S. AND DIST. TINSUKIA, ASSAM, PIN 786125 VERSUS Page No.# 4/6 THE STATE OF ASSAM AND 5 ORS REPRESENTED BY ITS SECY. TO THE GOVT. OF ASSAM, TOWN AND COUNTRY PLANNING DEPTT., DISPUR, GUWAHATI 781006 2:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI 781006 3:THE CHAIRMAN TINSUKIA DEVELOPMENT AUTHORITY P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 4:THE EXECUTIVE OFFICER TINSUKIA MUNICIPAL BOARD P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 5:PAHNI BHUSAN SHARMA S/O LATE LALIT CHANDRA SHARMA R/O CHALIHA NAGAR C/O CHITRAKUT GAS AGENCY R.K. MARKET DEBI PUKHURI ROAD TINSUKIA TOWN P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 6:MADAN MOHAN SHARMA S/O LATE LALIT CHANDRA SHARMA R/O CHALIHA NAGAR C/O CHITRAKUT GAS AGENCY R.K. MARKET DEBI PUKHURI ROAD TINSUKIA TOWN P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 78612 Page No.# 5/6 Advocate for the Petitioner : MR. B. DUTTA, MS. J BORO,MR. S DEKA Advocate for the Respondent : GA, ASSAM, MR C BARUAH (R-6),MR. B BARUAH,MR. B BARUAH (R-6) BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 23/07/2025 Heard Mr. S Deka, learned counsel for the applicants. Also heard Mr. J Handique, learned Government Advocate, Assam appearing for the respondent Nos. 1, 2 & 4. 2. None appears for the other respondents. 3. The present Interlocutory Application has been instituted by the applicants praying for substituting their names in place of the original petitioner, Madan Lal Agarwal, who had during the pendency of the present writ petition passed away on 12.04.2025. 4. On a perusal of the contentions raised in the Interlocutory Application as well as in the connected writ petition, this Court is of the considered view that the issue raised in the writ petition subsist for consideration and accordingly, the right to suit having been survived, the present applicants are required to be impleaded as petitioners in place of the original petitioner, i.e., Madan Lal Agarwal. 5. Accordingly, the applicants in the present application are permitted to be impleaded as petitioner Nos. 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7 in the connected writ petition in place of the original petitioner. 6. With the above observations and directions, the present Interlocutory Application stands disposed of. JUDGE Page No.# 6/6 Comparing Assistant