Page No.# 1/4 GAHC010278172024 2025:GAU-AS:658-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4095/2024 ON THE DEATH OF ASHAD ALI @ ARSED ALI HIS LEGAL HEIRS HAMELA KHATUN AND 2 ORS W/O LATE ASHAD ALI ALIAS ARSED ALI R/O VILL- KUSHBARI PART-III, P.S. MERERCHAR, DIST. BONGAIGAON, ASSAM. 2: HAJERA KHATUN D/O LATE ASHAD ALI ALIAS ARSED ALI R/O VILL- KUSHBARI PART-III P.S. MERERCHAR DIST. BONGAIGAON ASSAM. 3: ABDUL HAMID S/O LATE ASHAD ALI ALIAS ARSED ALI R/O VILL- KUSHBARI PART-III P.S. MERERCHAR DIST. BONGAIGAON ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, NEW DELHI. 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06. 3:THE DEPUTY COMMISSIONER Page No.# 2/4 BONGAIGAON P.O. AND DIST. BONGAIGAON ASSAM PIN - 783380. 4:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON P.O. AND DIST. BONGAIGAON ASSAM PIN - 783380. 5:THE ELETION COMMISSION OF INDIA NEW DELHI. 6:THE STATE COORDINATOR NATIONAL REGISTRAR OF CITIZENS (NRC) ASSAM Advocate for the Petitioner : MS. R CHOUDHURY, MS B HAZARIKA,MS F N ZAMAN Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, ECI,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 23.05.2025 (K.R. Surana, J) Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned CGC; Mr. H. Kuli, learned counsel on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarma, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicants have prayed for Page No.# 3/4 substitution of their names as petitioner in WP(C) 7751/2018, on the death of their predecessor-in-interest, namely, Ashad Ali @ Arsed Ali, who is reported to have expired on 25.10.2020, leaving behind the applicants, who are the wife, married daughter and the son of the deceased. 3. It is submitted that the predecessor-in-interest of the applicants was held to be a foreigner by virtue of an opinion dated 23.08.2018, passed by the learned Member, Foreigners’ Tribunal, Bongaigaon No.2nd, Abhyapuri in Case No. BNGN/FT/2896/2009 arising out of Ref: BNGN IMDT 45/2001. It is submitted that notwithstanding the death of the applicant’s predecessor-in- interest, the right to sue survives. 4. The learned counsel for appearing for all the respondents have no objection to the prayer made. 5. Accordingly, the prayer for substitution made in this interlocutory application stands allowed. The 3(three) applicants herein are permitted to be impleaded as the legal representatives of the deceased petitioner in the connected WP(C) 7751/2018. 6. Having noticed that the Office of the Deputy Commissioner, Bongaigaon, arrayed as respondent no.3 does not exist, we direct the learned counsel for the applicant to amend the cause-title of this interlocutory application as well as the cause-title of the connected writ petition by substituting the respondent no.3 with an officer of correct designation/ nomenclature. 7. The same shall be done by filing a fresh typed out cause-title of this interlocutory application and the connected writ petition and hand it over to the AO(J), FT Section, for respectively being incorporated in this interlocutory application and the connected writ petition. Page No.# 4/4 8. Issuance of certified copy of this order shall be delayed till the correction of the cause title. 9. The interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant