ON THE DEATH OF THE PETITIONER HIS LEGAL HEIRS 1A DINESH KALITA v. THE STATE OF ASSAM
I.A.(Civil)/4073/2025 · 2025-12-14
Kardak Ete
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 27976 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 27976 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/3 GAHC010270862025
2025:GAU-AS:17359
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4073/2025 ON THE DEATH OF THE PETITIONER HIS LEGAL HEIRS 1A DINESH KALITA SON OF LATE RANJIT KALITA, PERMANENT RESIDENT OF RESIDENT OF VILLAGE AMINGAON, MORIAPATTY, SILAGRANT TOWN, NORTH GUWAHATI- 31, DIST- KAMRUP, ASSAM. PRESENTLY RESIDENT AT BASITHA, KAMRUP METRO, ASSAM 2: BALEN KALITA SON OF LATE RANJIT KALITA RESIDENT OF VILLAGE AMINGAON MORIAPATTY SILAGRANT TOWN NORTH GUWAHATI-31 ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF REVENUE, DISPUR, GUWAHATI -06. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM EDUCATION HIGHER DEPARTMENT DISPUR GUWAHATI-06. 3:THE SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI -06. 4:THE DEPUTY COMMISSIONER KAMRUP
Page No.# 2/3 AMINGAON PIN781031. 5:THE REGISTRAR INDIAN INSTITUTE OF TECHNOLOGY IIT GUWAHATI NORTH GUWAHATI PIN- 781031 6:THE CIRCLE OFFICER NORTH GUWAHATI REVENUE CIRCLE NORTH GUWAHATI KAMRUP AMINGAON PIN-781031. 7:SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCE DEPARTMENT SHASTRI BHAVAN NEW DELHI100001 Advocate for the Petitioner : MR. K M HASSAN, Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, IIT,SC, HIGHER EDU,SC, FINANCE DEPTT.,MRS. A. GAYAN, CGC
BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 15.12.2025
Heard Mr. K. M. Hassan, learned counsel for the applicants. Also heard Mr. R. K. D. Choudhury, learned Deputy Solicitor General of India for the respondent/Union of India, and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department. This is an application seeking substitution of the petitioner in WP(C)
Page No.# 3/3 No.3661/2018 by the applicants, who are the legal heirs of the deceased petitioner. The petitioner has filed the WP(C) No.3661/2018 seeking for a direction for payment of the decreetal amount towards zirat and dwelling house and building existing on the land acquired from the petitioner for the construction of IIT, Guwahati amounting to Rs. 28,63,078/-. During the pendency of the writ petition, the petitioner had expired. Consequently, the present application has been filed seeking substitution of the deceased petitioner by his legal heirs, namely, Dinesh Kalita and Balen Kalita, being the sons.
Having considered that the applicants are the sons and legal heirs of the deceased petitioner, Ranjit Kalita (who had expired during the pendency of WP(C) No.3661/2018), and the prayer for substitution not being objected to by the learned counsel appearing for the respondents, I deem it appropriate to allow this interlocutory application. Accordingly, the deceased petitioner is allowed to be substituted by the applicants, namely, Dinesh Kalita and Balen Kalita, in WP(C) No.3661/2018. The interlocutory application stands disposed of. JUDGE Comparing Assistant