DIPENDRA PATOWARY v. THE UNION OF INDIA AND 10 ORS
I.A.(Civil)/226/2025 · 2025-02-16
Kaushik Goswami
body2025
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[ 2025 DAILYLAW 6846 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 6846 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/7 GAHC010275242024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No : I.A.(Civil)/226/2025 DIPENDRA PATOWARY S/O LATE KARNA NATH KEOT R/O NARAYANPUR GANESHGURI GUWAHATI-781005 VERSUS THE UNION OF INDIA AND 10 ORS REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY POWER (ELECTRICITY) DEPARTMENT J BLOCK LOK SEWA BHAWAN JANATA BHAWAN ASSAM SECRETARIAT DISPUR GUWAHATI-06 3:THE NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) REPRESENTED BY THE PROJECT DIRECTOR NEDFI HOUSE 4TH FLOOR
Page No.# 2/7 G.S. ROAD DISPUR GUWAHATI ASSAM PIN-781006 4:THE ASSAM ELECTRICITY GRID CORPORATION LTD. A GOVT. OF ASSAM UNDERTAKING DULY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 DULY REPRESENTED BY ITS MANAGING DIRECTOR 5:THE CHIEF GENERAL MANAGER (T AND T) AEGCL BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 6:THE DISTRICT COMMISSIONER KAMRUP -CUM- COMPETENT AUTHORITY OF LAND ACQUISITION (CALA) KAMRUP AMINGAON-781036 ASSAM 7:THE ADDITIONAL DISTRICT COMMISSIONER LAND ACQUISITION BRANCH KAMRUP AMINGAON-781036 ASSAM 8:THE CIRCLE OFFICER KAMALPUR REVENUE CIRCLE KAMRUP AMINGAON-781036 ASSAM 9:THE ASSISTANT GENERAL MANGAER 132 KV EHV GRID SUB-STATION AEGCL KAHILIPARA GUWAHATI-781019 10:THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) DOLAIGAON MAJPARA
Page No.# 3/7 BONGAIGAON BONGAIGAON-783380 ASSAM 11:ON THE DEATH OF LATE HARDUTTA KAKOTY HIS LEGAL HEIRS 12:SMT BHABANI KAKATI W/O LATE HARDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP PIN-781381 ASSAM 13:SHRI MUKUT KAKATI S/O LATE HARDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP PIN-781381 ASSAM 14:SHRI DWIPEN KAKATI S/O LATE HARDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP PIN-781381 ASSAM 15:SHRI NITUL KAKATI S/O LATE HARDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP
Page No.# 4/7 PIN-781381 ASSAM 16:SMT PINKY BAISHYA D/O LATE HARDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP PIN-781381 ASSAM ------------ Advocate for : Manash Das Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 10 ORS Linked Case No. : WP(C)/6944/2024 DWIPENDRA PATOWARY S/O LATE KARNA NATH KEOT, R/O NARAYANPUR, GANESHGURI, GUWAHATI-781005 VERSUS THE UNION OF INDIA AND 10 ORS.
REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DLHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY POWER (ELECTRICITY) DEPARTMENT J BLOCK LOK SEWA BHAWAN JANATA BHAWAN ASSAM SECRETARIAT DISPUR GUWAHATI-06 3:THE NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) REPRESENTED BY THE PROJECT DIRECTOR NEDFI HOUSE 4TH FLOOR G.S. ROAD
Page No.# 5/7 DISPUR GUWAHATI ASSAM PIN-781006 4:THE ASSAM ELECTRICITY GRID CORPORATION LTD. A GOVT. OF ASSAM UNDERTAKING DULY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 DULY REPRESENTED BY ITS MANAGING DIRECTOR 5:THE CHIEF GENERAL MANAGER (T AND T) AEGCL BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 6:THE DISTRICT COMMISSIONER KAMRUP -CUM- COMPETENT AUTHORITY OF LAND ACQUISITION (CALA) KAMRUP AMINGAON-781036 ASSAM 7:THE ADDITIONAL DISTRICT COMMISSIONER LAND ACQUISITION BRANCH KAMRUP AMINGAON-781036 ASSAM 8:THE CIRCLE OFFICER KAMALPUR REVENUE CIRCLE KAMRUP AMINGAON-781036 ASSAM 9:THE ASSISTANT GENERAL MANGAER 132 KV EHV GRID SUB-STATION AEGCL KAHILIPARA GUWAHATI-781019 10:THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) DOLAIGAON
Page No.# 6/7 MAJPARA BONGAIGAON BONGAIGAON-783380 ASSAM 11:HARUDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP PIN-781381 ASSA Advocate for the Petitioner : MR. K N CHOUDHURY, MR. M DAS Advocate for the Respondent : DY.S.G.I., SC, AEGCL,SC, NHAI,GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER Date : --17.02.2025 Heard Mr. K.N. Choudhury, learned Senior Counsel, assisted by Mr. A. Das, learned Counsel for the petitioner. Also heard Mr. R.R Saiki,
learned Counsel, on behalf of Mr. S.K. Medhi, learned Counsel for respondent No.1, Mr. C. Boruah, learned Counsel for respondent Nos. 3 and 10, Ms. K. Phukan, learned Counsel, AEGCL for respondent Nos. 4, 5 and 9, and Mr. S. Baruah, Government Advocate, Assam for respondent Nos. 6, 7 and 8. This is an application under Order 22 Rule 4 and 11 of Code of Civil Procedure, 1908 for substitution of the legal heirs of the deceased respondent No.11. It appears that during the pendency of the writ petition, the respondent No.11 had expired on 02.03.2022 and therefore the instant
Page No.# 7/7 application for impleading the legal heirs of the deceased respondent No.11 has been filed. The names of the legal heirs of the deceased respondent No.11 are as hereunder: - (i) Smt. Bhabani Kakati (Wife) (ii) Shri Mukut Kakati (Son) (iii) Shri Dwipen Kakati (Son) (iv) Shri Nitul Kakati (Son) (v) Smt. Pinky Baishya (Daughter-in-law) It appears that the respondent No.11 is required to be substituted by the aforesaid legal representatives. Accordingly, the interlocutory application seeking substitution of the legal heirs of respondent No.11 is allowed. Let amended Cause Title with the substituted names of the legal heirs of the deceased respondent No.11 be submitted before the Registry for doing the needful. The Interlocutory application accordingly stands disposed of.
JUDGE Comparing Assistant