Page No.# 1/5 GAHC010237712024 2025:GAU-AS:4586 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1046/2025 in WP(C) 1659/2023 ON THE DEATH OF INDRAJIT NARAYAN DEV HIS LEGAL HEIRS MS. VIKEYENO ZAO AND 2 ORS W/O LATE INDRAJIT NARAYAN DEV R/O 92 RANIBAGAN BELTOLA TINALI GUWAHATI-781028 P.S.- BASISTHA DIST- KAMRUP (M) ASSAM 2: MISS DAMAYANTI DEVI D/O LATE INDRAJIT NARAYAN DEV R/O 92 RANIBAGAN BELTOLA TINALI GUWAHATI-781028 P.S.- BASISTHA DIST- KAMRUP (M) ASSAM 3: RANABIR NARAYAN DEV S/O LATE INDRAJIT NARAYAN DEV R/O 92 RANIBAGAN BELTOLA TINALI GUWAHATI-781028 Page No.# 2/5 P.S.- BASISTHA DIST- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT SACHIVALAYA DISPUR GUWAHATI- 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOUSING AND URBAN AFFAIRS DISPUR GUWAHATI 3:THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY KAMRUP(METRO) GUWAHATI-781006 4:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION STATEFED BUILDING BHANGAGARH GUWAHATI- 781005 5:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE GUWAHATI- 781028 KAMRUP(M) ------------ Advocate for : MR. P C GOSWAMI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/1659/2023 INDRAJIT NARAYAN DEV SON OF LATE DWIJENDRA NARAYAN DEV RESIDENT OF 92 RANIBAGAN BELTOLA TINIALI Page No.# 3/5 GUWAHATI- 781028 P.S.- BASISTHA DISTRICT- KAMRUP(METRO) ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT SACHIVALAYA DISPUR GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF HOUSING AND URBAN AFFAIRS DISPUR GUWAHATI. 3:THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY KAMRUP(METRO) GUWAHATI- 781006. 4:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION STATEFED BUILDING BHANGAGARH GUWAHATI- 781005. 5:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE GUWAHATI- 781028 KAMRUP(M). ------------ Advocate for : MR. P C GOSWAMI Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 4 ORS Page No.# 4/5 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 10-04-2025 1. Heard Mr. B. D. Goswami, learned Senior counsel assisted by Mr. J.M. Gogoi, learned counsel for the applicants and Mr. K. Konwar, learned Additional Advocate General, Assam for the respondents. 2. The present interlocutory application is filed for substitution of legal heirs of the deceased petitioner, i.e., Indrajit Narayan Dev in the connected WP(C) No. 1659/2023. 3. Mr. Konwar, learned Additional Advocate General, Assam submits that he has no instruction to object to the substitution petition. 4. Perused the pleadings as well as the statements made in the application. 5. In Para No. 2 of the application, it has been mentioned that the petitioner in WP(C) No. 1659/2023, had expired on 14.04.2024 and was survived by the legal representatives, whose names have been mentioned at Para No. 3 of the application as (i) Vikeyeno Zao (wife),(ii) Damayanti Devi (daughter) and (iii) Ranabir Narayan Dev (son). 6. In view of the aforesaid, this Court is of the opinion that right to sue survives. 7. Accordingly, the legal heirs, whose names mentioned in Para 3 of the application be substituted in place of the deceased petitioner, Indrajit Narayan Dev in the connected WP(C) No. 1659/2023. 8. The applicants to furnish an amended cause title to the Registry in terms of the extent norms. 9. Registry is directed to make necessary correction accordingly and list the connected Page No.# 5/5 WP(C) No. 1659/2023 after the ensuing ‘Bihu’ vacation on a date to be fixed by it. 10. Accordingly, the present interlocutory application, stands disposed of. JUDGE Comparing Assistant