ON THE DEATH OF SARBESHWAR KALITA HIS LEGAL HEIRS MANDIRA KALITA v. THE STATE OF ASSAM
I.A.(Civil)/2994/2025 · 2026-04-07
N Unni Krishnan Nair
body2025
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[ 2025 DAILYLAW 2359 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 2359 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/3 GAHC010195322025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2994/2025 ON THE DEATH OF SARBESHWAR KALITA HIS LEGAL HEIRS MANDIRA KALITA W/O LATE SARBESHWAR KALITA, RESIDENT OF VILLAGE KARIA, PO KARIA, PS AND DIST NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, HAVING HIS OFFICE AT ASSAM SECRETARIAT, DISPUR, GUWAHATI, DISTRICT KAMRUP (METRO), PIN CODE-781006, ASSAM 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM INDUSTRIES COMMERCE AND PUBLIC ENTERPRISE DEPARTMENT HAVING HIS OFFICE AT ASSAM SECRETARIAT DISPUR GUWAHATI DISTRICT KAMRUP (METRO) ASSAM. PIN CODE-781006. 3:THE SECRETARY GOVERNMENT OF ASSAM INDUSTRIES COMMERCE AND PUBLIC ENTERPRISE DEPARTMENT HAVING HIS OFFICE AT ASSAM SECRETARIAT DISPUR GUWAHATI DISTRICT KAMRUP (METRO) ASSAM. PIN CODE-781006. 4:THE JOINT SECRETARY
Page No.# 2/3 GOVERNMENT OF ASSAM INDUSTRIES COMMERCE AND PUBLIC ENTERPRISE DEPARTMENT HAVING HIS OFFICE AT ASSAM SECRETARIAT DISPUR GUWAHATI DISTRICT KAMRUP (METRO) ASSAM. PIN CODE-781006. 5:THE ASSAM GOVERNMENT CONSTRUCTION CORPORATION REPRESENTED BY THE MANAGING DIRECTOR AND HAVING ITS OFFICE AT INDUSTRIES COMMERCE AND PUBLIC ENTERPRISE DEPARTMENT AT ASSAM SECRETARIAT DISPUR GUWAHATI DISTRICT KAMRUP (METRO) ASSAM. PIN CODE-781006. 6:THE MANAGING DIRECTOR ASSAM GOVT CONSTRUCTION CORPORATION REPRESENTED BY THE MANAGING DIRECTOR AND HAVING ITS OFFICE AT INDUSTRIES COMMERCE AND PUBLIC ENTERPRISE DEPARTMENT AT ASSAM SECRETARIAT DISPUR GUWAHATI DISTRICT KAMRUP (METRO) ASSAM. PIN CODE-781006 Advocate for the Petitioner : MR. H BURAGOHAIN, MR. C AGARWAL,MS A DEVI,MS. H BORAH Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 08-04-2026
Page No.# 3/3 Heard Mr. H. Buragohain, learned counsel for the applicant. Also heard Mr. C.K.S. Baruah, learned Govt. Advocate appearing for the respondents. The present interlocutory application has been instituted praying for substitution of the original petitioner No. 20, who during the pendency of the connected writ petition had passed on, on 08-07-2025. The applicant who is the wife of late Sarbeshwar Kalita (petitioner No. 20 in the connected writ petition) has also filed an additional affidavit brining on record a NoC granted to her by her sons, viz. Nayan Moni Kalita and Son Moni Kalita for substituting herself in place of their deceased father in the proceeding of W.P.(C) No. 6204/2024. In view of the above, this Court is of the considered view that the substitution sought for by the applicant, herein, is required to be so granted. Further, Mr.
C.K.S. Baruah, learned Govt. Advocate, Assam has not objected to the said prayer of the applicant. In view of the above, the applicant is permitted to substitute herself in place of petitioner No. 20 in W.P.(C) No. 6204/2024. With the above observations and directions, the present interlocutory application stands disposed of. JUDGE Comparing Assistant