Page No.# 1/6 GAHC010013862025 2025:GAU-AS:3941 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/163/2025 SRI DIPANKAR SAHA S/O LATE BHUBAN CH SAHA, R/O R P ROAD, DISPUR, GUWAHATI-6, P.O. ASSAM SACHIVALAYA, PS. DISPUR, DISTRICT KAMRUP METRO, ASSAM 2: SMTI BIJLE SAHA D/O LATE BHUBAN CH SAHA R/O R P ROAD DISPUR GUWAHATI-6 P.O. ASSAM SACHIVALAYA PS. DISPUR DISTRICT KAMRUP METRO ASSAM 3: SMTI SILPI SAHA W/O SRI BISWAJIT SAHA R/O BAROHOLIA PADMAPATI ROAD 1ST BYE LANE TEZPUR-784001 PS.O. AND PS. TEZPUR DISTRICT SONITPUR ASSAM 4: SRI SHUBANKAR SAHA S/O LATE BHUBAN CH SAHA R/O R P ROAD DISPUR GUWAHATI-6 P.O. ASSAM SACHIVALAYA PS. DISPUR DISTRICT KAMRUP METRO ASSA Page No.# 2/6 VERSUS THE STATE OF ASSAM AND ORS REP BY COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-6 2:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-781005. 3:THE GUWAHATI MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER PANBAZAR GUWAHATI-781001. 4:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-781001. 5:SMTI. SANTI RANI PAUL W/O. LT. NRIPENDRA NATH PAUL 6:AMAL PAUL S/O. LT. NRIPENDRA NATH PAUL 7:NIRMAL PAUL S/O. LT. NRIPENDRA NATH PUAL ALL ARE RESIDENTS OF NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON-11 HOUSE NO. 122. 8:SMTI. REKHA PAUL W/O. SRI AMAL PAUL R/O. HARIPATTY Page No.# 3/6 NEAR KALI MANDIR TEZPUR-784001 P.O. TEZPUR DIST. SONITPUR ASSAM. 9:PRADIP KANTI PAUL S/O. LT. NRIPENDRA NATH PAU Advocate for the Petitioner : MS P DEB, MS.P DEB,MS.N DEB Advocate for the Respondent : GA, ASSAM, SC, G M D A,SC, GMC Linked Case : WP(C)/4764/2017 KALPANA SAHA @ KALPANA RANI SAHA W/O. LT. BHUBAN CH. SAHA R/O. R.P. ROAD DISPUR GHY.-05 P.O. and P.S. DISPUR DIST. KAMRUP M ASSAM. VERSUS THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY and 8 ORS. REP. BY ITS CHIEF EXECUTIVE OFFICER BHANGAGARH GHY.-781005. 2:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-781005. 3:THE GUWAHATI MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER PANBAZAR Page No.# 4/6 GUWAHATI-781001. 4:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-781001. 5:SMTI. SANTI RANI PAUL W/O. LT. NRIPENDRA NATH PAUL 6:AMAL PAUL S/O. LT. NRIPENDRA NATH PAUL 7:NIRMAL PAUL S/O. LT. NRIPENDRA NATH PUAL ALL ARE RESIDENTS OF NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON-11 HOUSE NO. 122. 8:SMTI. REKHA PAUL W/O. SRI AMAL PAUL R/O. HARIPATTY NEAR KALI MANDIR TEZPUR-784001 P.O. TEZPUR DIST. SONITPUR ASSAM. 9:PRADIP KANTI PAUL S/O. LT. NRIPENDRA NATH PAUL ------------ Advocate for : MS.M DEV Advocate for : MS.M HAZARIKA appearing for THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY and 8 ORS. Linked Case : I.A.(Civil)/3594/2017 Page No.# 5/6 KALPANA SAHA @ KALPANA RANI SAHA VERSUS THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY and 8 ORS. ------------ Advocate for : MS.P DEB Advocate for : SC G M D A appearing for THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY and 8 ORS. BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 02-04-2025 1. Ms. N. Deb, learned counsel for the applicants and Mr. P. Nayak, learned Standing counsel, GMDA for the respondents. 2. The interlocutory application being I.A.(C) No. 163/2025 is filed for substitution of legal heirs of the deceased petitioner, Kalpana Saha @ Kalpana Rani Saha in the connected WP(C) No. 4764/2017.The challenge made in the writ petition is to the building permission dated 06.06.2016 granted to the respondent Nos. 5 to 9. 3. Mr. Nayak, learned Standing counsel, GMDA submits that he has no instruction to object to the substitution petition. 4. Perused the application and the statements made therein. 5. In Para No. 2 of the application, it has been mentioned that the petitioner in WP(C) Page No.# 6/6 No. 4764/2017, had expired on 24.10.2024 due to illness and was survived by the legal representatives, whose names have been mentioned in Para No. 3 of the application as (i) Sri Dipankar Saha (son), (ii) Smti. Bijle Saha (daughter), (iii) Smti. Silpi Saha (daughter) and (iv) Sri Shubankar Saha (son). 6. In view of the aforesaid, this Court is of the opinion that right to sue survives. 7. Accordingly, this Court substitutes the legal heirs, whose names mentioned in Para 3 of I.A.(C) No. 163/2025 in place of the deceased petitioner, Kalpana Saha @ Kalpana Rani Saha in the connected WP(C) No. 4764/2017. 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 WP(C) No. 4764/2017 along with I.A.(C) No. 3594/2017 after the ensuing ‘Bihu’ vacation on a date to be fixed by it. 10. In view of the aforesaid, the interlocutory application being I.A.(C) No. 163/2025, stands disposed of. JUDGE Comparing Assistant