Page No.# 1/5 GAHC010053022025 2025:GAU-AS:4581 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/967/2025 ON THE DEATH OF JAGATDHAR CHAKRAVARTY ALIAS JAGATDHAR SARMA HIS LEGAL HEIRS CHITRA SARMA CHAKRAVARTY W/O LATE JAGATDHAR CHAKRAVARTY @ JAGATDHAR SARMA, R/O- VILLAGE- ALOKJHARI, P.O. PETELAGAON, P.S.- TAMARHAT, DISTRICT- DHUBRI, SUB-DIVISION- GOLAKGANJ, PIN- 783301, ASSAM. 2: SRI SANJIB CHAKRAVARTY S/O LATE JAGATDHAR CHAKRAVARTY @ JAGATDHAR SARMA R/O- VILLAGE- ALOKJHARI P.O. PETELAGAON P.S.- TAMARHAT DISTRICT- DHUBRI SUB-DIVISION- GOLAKGANJ PIN- 783301 ASSAM. 3: SMTI MONALISA CHAKRAVARTY D/O LATE JAGATDHAR CHAKRAVARTY @ JAGATDHAR SARMA R/O- VILLAGE- ALOKJHARI P.O. PETELAGAON P.S.- TAMARHAT DISTRICT- DHUBRI SUB-DIVISION- GOLAKGANJ PIN- 783301 ASSAM VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, 1, PARLIAMENT STREET, NEW DELHI- 110001. 2:THE STATE OF ASSAM Page No.# 2/5 REPRESENTED BY THE SECRETARY REVENUE (SETTLEMENT) DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DISTRICT COMMISSIONER DHUBRI DISTRICT DHUBRI- 783301 ASSAM. 4:THE ADDITIONAL DISTRICT COMMISSIONER AND COMPETENT AUTHORITY FOR LAND ACQUISITION (CALA) DHUBRI OFFICE OF THE DISTRICT COMMISSIONER OF DHUBRI DISTRICT LAND ACQUISITION BRANCH DISTRICT- DHUBRI- 783301 ASSAM. 5:ALOKJHARI MAHAMAYA DHAM @ MAA MAHAMAYA THAKURANI DHAM REPRESENTED BY ITS EXECUTIVE PRESIDENT SRI DHIRENDRA NATH RAY SON OF LATE DHAN PRASAD RAY ALOKJHARI DISTRICT- DHUBRI SUB-DIVISION- GOLAKGANJ ASSAM PIN- 783334 Advocate for the Petitioner : MR. R N D SARMA, MR. A DHAR Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, REVENUE Linked Case : WP(C)/7463/2023 Page No.# 3/5 JAGATDHAR CHAKRAVARTY@ JAGATDHAR SARMA SON OF LATE CHANDRADHAR SARMA VILLAGE- ALOKJHARI P.O. PETELAGAON P.S.- TAMARHAT DISTRICT- DHUBRI SUB-DIVISION- GOLAKGANJ PIN- 783301 ASSAM. VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS 1 PARLIAMENT STREET NEW DELHI- 110001. 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY REVENUE (SETTLEMENT) DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DISTRICT COMMISSIONER DHUBRI DISTRICT DHUBRI- 783301 ASSAM. 4:THE ADDITIONAL DISTRICT COMMISSIONER AND COMPETENT AUTHORITY FOR LAND ACQUISITION (CALA) DHUBRI OFFICE OF THE DISTRICT COMMISSIONER OF DHUBRI DISTRICT LAND ACQUISITION BRANCH DISTRICT- DHUBRI- 783301 Page No.# 4/5 ASSAM. 5:ALOKJHARI MAHAMAYA DHAM @ MAA MAHAMAYA THAKURANI DHAM REPRESENTED BY ITS EXECUTIVE PRESIDENT SRI DHIRENDRA NATH RAY SON OF LATE DHAN PRASAD RAY ALOKJHARI DISTRICT- DHUBRI SUB-DIVISION- GOLAKGANJ ASSAM PIN- 783334. ------------ Advocate for : MR. R N D SARMA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 10-04-2025 1. Heard Mr. R. N. D. Sarma, learned counsel for the applicants and Mr. K. Bhattacharjee, learned counsel for the private respondent No. 5. 2. The present interlocutory application is filed for substitution of legal heirs of the deceased petitioner, Jagatdhar Chakravarty @ Jagatdhar Sarma in the connected WP(C) No. 7463/2023. 3. Mr. Bhattacharjee, learned counsel for the respondent No.5 submits that he has no instruction to object to the substitution petition. 4. Perused the pleadings as well as the statements made in the application. Page No.# 5/5 5. In Para No. 2 of the application, it has been mentioned that the petitioner in WP(C) No. 7463/2023, had expired on 21.10.2024 and was survived by the legal representatives, whose names have been mentioned at Para No. 2 of the application as 1(a) Smti Chitra Sarma Chakravarty (wife), 1(b) Sri Sanjib Chakravarty (son) and 1(c) Smti. Monalisa Chakravarty (daughter). 6. In view of the aforesaid, this Court is of the opinion that right to sue survives. 7. Accordingly, the legal heirs, whose names mentioned in Para 2 of the application, be substituted in place of the deceased petitioner, Jagatdhar Chakravarty @ Jagatdhar Sarma in the connected WP(C) No. 7463/2023. 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. 7463/2023 after the ensuing ‘Bihu’ vacation on a date to be fixed by it. 10. Accordingly, the present interlocutory application, stands disposed of. JUDGE Comparing Assistant