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2026 DAILYLAW 2354 (GAU)

MONDIRA DEKA AND ANR v. SRI PRITAM SAIKIA AND ORS

I.A.(Civil)/3034/2025 · 2026-02-16

Arun Dev Choudhury

Contempt Petitionbody2026

Judgment text

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Page No.# 1/3 GAHC010205172025 2026:GAU-AS:2314 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3034/2025 MONDIRA DEKA AND ANR WIFE OF LATE RAJENDRA KUMAR DEKA RESIDENT OF VILLAGE- MAHMARI PATHAR PS LAHORIGHAT MORIGAON ASSAM PIN-782127 2: NITURAJ KASHYAP SON OF LATE RAJENDRA KUMAR DEKA RESIDENT OF VILLAGE- MAHMARI PATHAR PS LAHORIGHAT MORIGAON ASSAM PIN-782127 REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMTI MONDIRA DEKA VERSUS SRI PRITAM SAIKIA AND ORS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT GUWAHATI-781006. DISPUR 2:SRI SANJIB KUMAR BHUYAN THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:DR BIJOYA CHOUDHURY SECRETARY EDUCATION (ELEMENTARY) DEPARTMENT Page No.# 2/3 GOVERNMENT OF ASSAM DISPUR GUWAHATI-06 4:DR SURANJANA SENAPATI DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 5:SRI NARAYAN KONWAR SECRETARY SCHOOL EDUCATION (ELEMENTARY) DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-06 ------------ Advocate for : L DEKA Advocate for : MR. N J KHATANIAR appearing for SRI PRITAM SAIKIA AND ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 17.02.2026 Heard Mr. M. Dutta, learned counsel for the applicant. Also heard Mr. S. M. T. Chistie, learned counsel for the respondent. The present application is filed for substitution of legal heirs of petitioner No. 21 Late Rajendra Kumar Deka in the connected contempt petition who died on 13.10.2018. The learned counsel for the respondents submits that he has no objection in substituting the legal heirs of the petitioner No. 21. Perused the application and the statements made therein. In paragraph No. 3 and 4 of the application, it has been mentioned that the petitioner No. 21, died on 13.10.2018 and was survived by the legal Page No.# 3/3 representative, whose names have been mentioned at page 7 of the application as Mondira Deka (wife) and Nituraj Kashyap (son) and as reflected at paragraph No. 4 of the application. This Court is of the opinion that right to sue survives. Accordingly, the aforesaid applicants be substituted as petitioner in a seriatum as per mandate of CIS. The Registry is directed to make necessary corrections of the records accordingly. The applicant to furnish an amended cause tile to the Registry in terms of the extent norms. In view of the above, the I.A. stands disposed of. JUDGE Comparing Assistant