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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/343/2025 REKHA MANI DEVI W/O LATE PRADIP KUMAR SARMA, R/O VILLAGE BARDIGHELI (BARDHARI) P.O. BARDIGHELI , NALBARI ,PIN 781334, ASSAM 2: BISHAL SARMA S/O LATE PRADIP KUMAR SARMA R/O VILLAGE BARDIGHELI (BARDHARI) P.O. BARDIGHELI NALBARI PIN 781334 ASSA VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
3:INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE P.O. AND DIST. NALBARI ASSAM PIN- 781335.
4:THE TREASURY OFFICER NALBARI TREASURY P.O. AND DIST. NALBARI ASSAM PIN- 781335.
Page No.# 2/3 5:THE PRINCIPAL P.B. DHIRDUTTA HIGHER SECONDARY SCHOOL VILL.- BARKHALA P.O. K.P. BARKHALA DIST. NALBARI ASSAM PIN- 781350.
6:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAM GAON BELTOLA GUWAHATI-781029 Advocate for the Petitioner : MR KUMAR MANORANJAN HALOI, MR. B DAS Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE,SC, AG,MR. U K DAS (R5),MS. B D SARMAH (R5) BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER 17.02.2025 Heard Mr. K.M. Haloi, learned counsel for the applicants. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, appearing for the respondent Nos.1—3, Mr. R. Borpujari, learned standing counsel, Finance, appearing for the respondent No.4, Mr. T. Ahmed, learned counsel appearing on behalf of Mr. U.K. Das,
learned counsel for the respondent No.5 and Ms. S. Sharma, learned counsel appearing on behalf of Mr. B. Sharma, learned standing counsel, AG, for the respondent No.6. This interlocutory application is preferred under Order 22 Rule 3 of the Code of Civil Procedure, 1908 for substitution of legal representatives of the petitioner in WP(C) No.2736/2022. Mr. Hajoi, learned counsel for the applicants submits that during the pendency of
Page No.# 3/3 WP(C) No.2736/2022, the petitioner suffered demise and in his place his wife and son are required to be impleaded in the connected WP(C) No.2736/2022 and therefore, it is contended to allow this application. The learned counsel for the respondents/opposite parties submit that they have no objection in the event of allowing this interlocutory application. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the application and the documents placed on record. It appears that the petitioner of WP(C) No.2736/2022, namely, Pradip Kumar Sarma suffered demise on 30.10.2024 and as such, there is a requirement for impleading the legal representatives of the original petitioner. Taking note of all the facts and circumstances, this application allowed. The legal representatives of the original petitioner, namely, Rekha Mani Devi and Bishal Sarma shall be impleaded as petitioner Nos.1 and 2, respectively, in the WP(C) No.2736/2022. In terms of above, this I.A. stands disposed of. The learned counsel for the applicants shall file amended cause title of the WP(C) No.2736/2022 within a period of one week from today. Comparing Assistant Sd/- Robin Phukan JUDGE