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2026 DAILYLAW 1780 (GAU)

ON THE DEATH OF DR. SARIFUN NESSA, HER LEGAL HEIRS v. THE STATE OF ASSAM AND 8 ORS

I.A.(Civil)/85/2026 · 2026-03-17

N Unni Krishnan Nair

body2026

Judgment text

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Page No.# 1/4 GAHC010004982026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/85/2026 ON THE DEATH OF DR. SARIFUN NESSA, HER LEGAL HEIRS NAMELY 1.1: KHURSHED GUL KHAN HUSBAND OF LATE DR. SARIFUN NESSA R/O SEVEN HEAVEN APARTMENT BLOCK 1 C4 SAUKUCHI NEAR SARUSAJAI STADIUM GATE NO. 2 GUWAHATI-781034 KAMRUP (M) ASSAM 1.2: SHAHBAZ GUL KHAN S/O KHURSHED GUL KHAN R/O SEVEN HEAVEN APARTMENT BLOCK 1 C4 SAUKUCHI NEAR SARUSAJAI STADIUM GATE NO. 2 GUWAHATI-781034 KAMRUP (M) ASSAM 1.3: SHAHNAZ GUL KHAN D/O KHURSHED GUL KHAN R/O SEVEN HEAVEN APARTMENT BLOCK 1 C4 SAUKUCHI NEAR SARUSAJAI STADIUM GATE NO. 2 GUWAHATI-781034 KAMRUP (M) Page No.# 2/4 ASSA VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOME DEPARTMENT 2:THE DIRECTOR GENERAL OF POLICE ULUBARI ASSAM PIN- 07. 3:THE SUPERINTENDENT OF POLICE KAMRUP (M) GUWAHATI ASSAM. 4:THE DEPUTY SUPERINTENDENT OF POLICE ULUBARI- 07. 5:THE OFFICER-IN-CHARGE DISPUR POLICE STATION GUWAHATI ASSAM. 6:THE CHIEF JUDICIAL MAGISTRATE KAMRUP (M) GUWAHATI- 1 ASSAM. 7:BANK OF BARODA REPRESENTED BY REGIONAL MANAGER G.S. ROAD BHANGAGARH GUWAHATI- 05. 8:BRANCH MANAGER BANK OF BARODA DISPUR BRANCH GUWAHATI. 9:DIRECTOR OF FORENSIC SCIENCE LABORATORY KAHILIPARA- 19 ASSAM Advocate for the Petitioner : MR. K BHATTACHARJEE, ABBASH U AHMED,MS. P BORDOLOI,MS. A BARMAN Page No.# 3/4 Advocate for the Respondent : GA, ASSAM, SC, GHC BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 18.03.2026 Heard Mr. K. Bhattacharjee, learned counsel, appearing for the applicant. Also heard Mr. B. Goswami, learned Additional Advocate General, Assam, appearing for the respondent nos.1 to 5; Ms. D. Mahanta, learned counsel, on behalf of Mr. H. K. Das, learned Standing Counsel, GHC, appearing for the respondent no.6 ; Mr. A. Das, learned counsel, appearing for the respondent nos.7 & 8. 2. The present interlocutory application has been instituted by legal heirs of the original petitioner, Dr. Sarifun Nessa, praying for substituting themselves in place of the original petitioner, inasmuch as, the original petitioner has passed on, on 23.10.2025. 3. This Court on perusal of the contentions raised in interlocutory application finds that the same has been so projected to be so instituted by the legal heirs of the original petitioner Late Dr Sarifun Nessa, and further that there being a cause of action surviving the death of the original petitioner, the present legal heirs of the petitioner would be mandated to be substituted in place of original petitioner in the connected writ petition. 4. The prayer for substitution not being objected to by the learned counsel for the respondents, the applicants are permitted to substitute themselves in the connected writ petition as follows ; Page No.# 4/4 “On the death of petitioner late Dr. Sarifun Nessa, his legal heirs namely; (1.1) Khurshed Gul Khan Age: 55 years Husband of late Sarifun Nessa (1.2) Shahbaz Gul Khan Age: 30 years Son of Khurshed Gul Khan (1.3) Shahnaz Gul Khan Age: 28 years All are the residents of Seven Heaven Apartment, Block-1, C4 Saukuchi, Near Sarusajai Stadium, Gate No.2, Ghy-781034, Kamrup (M), Assam.” 5. With the above observations and directions, the present Interlocutory Application stands disposed of. JUDGE Comparing Assistant