Page No.# 1/3 GAHC010250792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3652/2025 SRI ANUP KUMAR DUTTA S/O LATE DHIRENDRA CH. DUTTA, R/O SHIBBARI ROAD, TARAPUR SILCHAR, DIST- CACHAR, ASSAM, PIN-788003 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY T O THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, ASSAM SACHIVALAYA, DISPUR, GUWAHATI-781006, ASSAM 2:DIRECTOR OF MUNICIPAL ADMINISTRATION GOVERNMENT OF ASSAM DISPUR GUWAHATI-06 3:THE DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM PIN-788003 4:ADDITIONAL DISTRICT COMMISSIONER AND APPELLATE AUTHORITY MUNICIPAL APPEAL CASES CACHAR SILCHAR ASSAM PIN-788033 5:THE ADDITIONAL DISTRICT MAGISTRATE CACHAR SILCHAR Page No.# 2/3 DIST- CACHAR ASSAM PIN-788003 6:SILCHAR MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN SILCHAR ASSAM PIN-788003 7:THE EXECUTIVE OFFICER SILCHAR MUNICIPAL BOARD SILCHAR P.O. AND DIST- CACHAR ASSAM PIN-788003 8.1:ON THE DEATH OF DIPAK DUTTA HIS LEGAL HEIRS BALA DUTTA W/O LATE DIPAK DUTTA RESIDENT OF TARAPUR SIBBARI ROAD OPP. S S RICE MILL SILCHAR DIST CACHAR ASSAM 788003 8.2:BISWAJIT DUTTA S/O LATE DIPAK DUTTA RESIDENT OF TARAPUR SIBBARI ROAD OPP. S S RICE MILL SILCHAR DIST CACHAR ASSAM 788003 8.3:PAPIYA DUTTA W/O LATE SUKDEV DUTTA D/O LATE DIPAK DUTTA RESIDENT OF NABAPALLY KARIMGANJ ROAD TARAPUR SILCHAR DIST CACHAR ASSAM Page No.# 3/3 78800 Advocate for the Petitioner : MR. T J MAHANTA, MR. P P DUTTA,MR. A BORUA,MS P SARMA Advocate for the Respondent : GA, ASSAM, SC, SILCHAR MUNICIPAL BOARD BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 19.11.2025 Heard Mr. A. Baruah, learned counsel for the applicant-writ petitioner; Mr. S.S. Roy, learned Junior Government Advocate, Assam for the opposite party - respondent nos. 1 – 5; and Ms. S. Mochahari, learned counsel for the opposite party - respondent nos. 6 & 7. The instant interlocutory application is preferred seeking substitute of the respondent no. 8 by his legal heirs as during the pendency of the accompanying writ petition, W.P.[C] no. 2409/2024, the respondent no. 8 originally impleaded, expired on 19.06.2024. As the right to sue for the applicant-petitioner survives against the following legal heirs of the respondent no. 8, originally impleaded, [i] Bala Dutta, W/o Late Dipak Dutta; [ii] Sri Biswajit Dutta, S/o Late Dipak Dutta; and [iii] Papiya Dutta, W/o Sukdev Dutta, the instant application is preferred. Accordingly, the following legal heirs of the respondent no. 8, originally impleaded, :- [i] Bala Dutta, W/o Late Dipak Dutta, R/o Tarapur Sibbari Road, Opposite S.S. rice Mill, Silchar, District – Cachar, Assam 788003; [ii] Sri Biswajit Dutta, S/o Late Dipak Dutta, R/o Tarapur Sibbari Road, Opposite S.S. rice Mill, Silchar, District – Cachar, Assam 788003; and [iii] Papiya Dutta, W/o Sukdev Dutta, D/o Late Dipak Dutta, R/o Nabapally Karimganj Road, Tarapur, Silchar, District – Cachar, Assam, 788003, are substituted. JUDGE Comparing Assistant