Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 9746 (GAU)

JAIRAJ BIKRAM SINGH v. STATE OF ASSAM AND 5 ORS.

I.A.(Civil)/970/2025 · 2025-04-09

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010063172025 2025:GAU-AS:4582 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/970/2025 JAIRAJ BIKRAM SINGH S/O LATE JOGENDRALAL SINGH CHETRY ADDRESS-A.T. ROAD, TOKOBARI, A.T. ROAD, GUWAHATI, KAMRUP (M), ASSAM, PIN-781006 VERSUS STATE OF ASSAM AND 5 ORS. REPRESENTED BY ITS COMMISSIONER AND SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF ASSAM, DISPUR, PIN-781005, DIST- KAMRUP (M), ASSAM 2:THE DISTRICT COMMISSIONER KAMRUP (M) ASSAM 3:THE COMMISSIONER GUAHATI MUNICIPAL CORPORATION GUWAHATI KAMRUP (M) ASSAM 4:DR. THIR NARAYAN SINGH S/O LATE M. LAL SINGH R/O C-6/52 SAFDARJUNG DEVELOPMENT AREA NEW DELHI-110016 5:GURU NARAYN SINGH S/O LATE DR. THIR NARAYAN SINGH R/O T.N. TOWER A.T. ROAD Page No.# 2/5 P.S.- PALTAN BAZAR GUWAHATI-781001 DIST- KAMRUP (M) ASSAM 6:ON THE DEATH OF MUKUT NARAYAN SINGH HIS LEGAL HEIRS NAMELY 6.1:NEETU MEHTA W/O LATE MUKUT NARAYAN SINGH R/O T.N. TOWER A.T. ROAD P.S.- PALTAN BAZAR GUWAHATI-781001 DIST- KAMRUP (M) ASSAM 6.2:OPARNA MEHTA D/O LATE MUKUT NARAYAN SINGH R/O T.N. TOWER A.T. ROAD P.S.- PALTAN BAZAR GUWAHATI-781001 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR. S CHAMARIA, MR A N SARMAH Advocate for the Respondent : SC, REVENUE, MR. M BERIA,SC, GMC,GA, ASSAM Linked Case : WP(C)/8880/2018 JAIRAJ BIKRAM SINGH ADOPTED SON OF LATE JOGENDRALAL SINGH CHETRY AND LATE IKBAL KAUR BIOLOGICAL SON OF LATE TARAN SINGH AND LATE GURBACHAN KAUR R/O LALSINGH MANSION A.T. ROAD TOKOBARI GUWAHATI IN THE DIST. OF KAMRUP Page No.# 3/5 ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REP.BY ITS COMMISSIONER AND SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF ASSAM DISPUR ASSAM 2:THE DEPTY COMMISSIONER KAMRUP (M) ASSAM 3:THE ADDITIONAL DEPUTY COMMISSIONER KAMRUP (M) ASSAM 4:DR. THIR NARAYAN SINGH S/O LATE M. LAL SINGH RESIDENT OF C- 6/52 SAFDARJUNG DEVELOPMENT AREA NEW DELHI-110016. 5:GURU NARAYAN SINGH S/O DR. THIR NARAYAN SINGH R/O T.N. TOWER A.T. ROAD GUWAHATI - 781001. 6:SHRI MUKUT NARAYAN SINGH S/O DR. THIR NARAYAN SINGH R/O T.N. TOWER A.T. ROAD GUWAHATI - 781001. ------------ Advocate for : MR G N SAHEWALLA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS. Page No.# 4/5 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 10-04-2025 1. Heard Mr. A. N. Sarmah, learned counsel for the applicant also heard Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent Nos. 1 & 2. 2. The present interlocutory application is filed for substitution of legal heirs of the deceased respondent No. 6, i.e., Mukut Narayan Singh in the connected WP(C) No. 8880/2018. 3. Mr. Konwar, learned Additional Advocate General, Assam 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. 5. In Para No. 1 of the application, it has been mentioned that the petitioner in WP(C) No. 8880/2018, had expired on 07.11.2024 and was survived by the legal representatives, whose names have been mentioned at Para No. 2 of the application as (i) Neetu Mehta (wife) and (ii) Oparna Mehta (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 respondent No. 6, Mukut Narayan Singh in the connected WP(C) No. 8880/2018. 8. The applicants to furnish an amended cause title to the Registry in terms of the extent norms. Page No.# 5/5 9. Registry is directed to make necessary correction accordingly and list the connected WP(C) No. 8880/2018 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