ON THE DEATH OF ATOWAR RAHMAN SIKDAR HIS LEGAL HEIR RUMIYA KHATUN v. THE STATE OF ASSAM AND 6 ORS.
I.A.(Civil)/2767/2023 · 2025-09-09
Kaushik Goswami
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 19236 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19236 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/4 GAHC010225272021
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2767/2023 ON THE DEATH OF ATOWAR RAHMAN SIKDAR HIS LEGAL HEIR RUMIYA KHATUN W/O LATE ATOWAR RAHMAN SIKDAR VILL-ROWMARI P.O.-MAJGAON DIST-BAJALI ASSAM PIN-781313 VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI-6 4:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA ASSAM GUWAHATI-19
Page No.# 2/4 5:THE DEPUTY DIRECTOR OF HIGHER EDUCATION KAHILIPARA ASSAM GUWAHATI-19 6:THE GOVERNING BODY OF RAJIV GANDHI MEMORIAL COLLEGE LENGTISINGA BONGAIGAON REPRESENTED BY ITS CHAIRMAN P.O.-LENGTISINGA DIST- BONGAIGAON ASSAM PIN-783380 7:THE PRINCIPAL RAJIV GANDHI MEMORIAL COLLEGE LENGTISINGA BONGAIGAON P.O.-LENGTISINGA DIST-BONGAIGAON ASSAM PIN-783380 ------------ Advocate for : MS. A HUSSAIN Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 6 ORS. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 10.09.2025 Heard Mr. R. Islam learned counsel appearing for the applicant. Also heard Mr. D. Upamanyu, learned standing counsel appearing for the Higher Education Department (respondent Nos.1, 4 and 5) and Mr. D. A. Kaiyum, learned counsel appearing for the respondent Nos. 6 and 7. By way of this application, the applicant is seeking substitution of the applicant in the writ petition, i.e. WP(C) No.7368/2021 as petitioner No.2 as the respondent No.2 expired during the pendency of the writ proceedings. It appears that during the pendency of the instant writ petition, the husband of the petitioner No.2 in the connected writ petition died on 18.07.2023 leaving behind the applicant and three daughters and one son.
Since, the three daughters have already got married and the son is minor, the present applicant has filed the instant application for substituting her as the legal heir of the petitioner No.2 in the connected writ petition Having considered the application and upon being satisfied that the writ petitioner No.2 has since expired and that his right to pursue the present writ petition survives to his legal heirs, I allow the present application Accordingly, the wife of the deceased of the writ petitioner No.2, namely, Rumiya Khatun is permitted to be substituted as writ
Page No.# 4/4 petitioner No.2(a) in place of writ petitioner No. 2 in WP(C) No.7368/2021. The interlocutory application stands disposed of. Let necessary amended cause title be submitted forthwith before the Registry for doing the needful. It is needless to be clarified that this order will not preclude any other legal heir of the deceased writ petitioner No.2 for applying for substitution, if so advised. JUDGE Comparing Assistant