Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 9154 (GAU)

AYUB KHAN AND ORS v. THE STATE OF ASSAM AND ORS

I.A.(Civil)/1026/2025 · 2025-04-23

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010240292023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1026/2025 AYUB KHAN AND ORS S/O- LATE ALOM KHAN RESIDENT OF VILLAGE- SUKANSUTI P.O.- BORGANG P.S.- BEHALI DISTRICT- BISWANATH ASSAM. 2: ANI SULTANA W/O- MD. AYUB KHAN RESIDENT OF VILLAGE- SUKANSUTI P.O.- BORGANG P.S.- BEHALI DISTRICT- BISWANATH ASSAM. 3: ASHIK KHAN S/O- HARUN KHAN RESIDENT OF VILLAGE- MORANGAON P.O.- BORGANG P.S.- BEHALI DISTRICT- BISWANATH ASSAM. VERSUS Page No.# 2/4 THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY REVENUE AND DISASTER MANAGEMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-6. 2:NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD. HAVING ITS REGISTERED OFFICE- NEDFI HOUSE GS ROAD DISPUR GUWAHATI- 781006. 3:THE DISTRICT COMMISSIONER NORTH LAKHIMPUR ASSAM- 787001. 4:THE CIRCLE OFFICER BIHPURIA CIRCLE OFFICE BIHPURIA LAKHIMPUR ASSAM- 784161. 5:THE CIRCLE OFFICER BIHPURIA REVENUE CIRCLE OFFICE BIHPURIA LAKHIMPUR ASSAM- 784161. 6:ON THE DEATH OF MD. MAFIDUL HAQUE HIS LEGAL HEIRS 6.1:MISS MEHSHID HAQUE D/O LATE MD MAFIDUL HAQUE RESIDENT OF KB ROAD WARD NO. 13 LAKHIMPUR PO NORTH LAKHIMPUR ASSAM. 6.2:MR. SHADABUL HAQUE S/O LATE MD MAFIDUL HAQUE RESIDENT OF KB ROAD WARD NO. 13 Page No.# 3/4 LAKHIMPUR PO NORTH LAKHIMPUR ASSAM. ------------ Advocate for : MR. A DHANUKA Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND ORS BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 24.04.2025 Heard Mr. A Ganguly, learned counsel for the applicant. Also heard Mr. RK Bhatra, learned counsel for the respondent No. 2. The present application is filed for substitution of legal heirs of respondent No. 6 Late Mafidul Haque in the connected WP(C) 6203/2023, who in the meantime had expired. Mr. Bhatra, learned counsel for the respondent No. 2 submits that he has no objection in substituting the legal heirs of the respondent No. 6. Perused the application and the statement made therein. In paragraph No. 2 of the application, it has been mentioned that the respondent No. 6 expired on 08.07.2024 and was survived by the legal representatives, whose names have been mentioned at Sl. Nos. 6(a). Miss Mehshid Haque (daughter) and 6(b). Mr. Shadabul Haque (son) in the cause title of the instant petition. This court is of the opinion that right to sue survives. Accordingly, this court substitutes the persons whose names appears at Sl. Nos. 6(a) and 6(b) of cause title of the instant application against the name of the respondent No. 6. Page No.# 4/4 The Registry is directed to make necessary connections of the records and as per requirement of CIS. The petitioners to furnish an amended cause title to the Registry in terms of the extent norms. IA stands disposed of. JUDGE Comparing Assistant