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2026 DAILYLAW 3543 (GAU)

ON THE DEATH OF LATE DHARANIDHAR DEKA, HIS LEGAL HEIRS, SMTI. BIMALA DEKA AND 5 ORS. v. THE STATE OF ASSAM AND 3 ORS

I.A.(Civil)/75/2026 · 2026-01-19

Kardak Ete

body2026

Judgment text

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Page No.# 1/4 GAHC010268732017 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/75/2026 ON THE DEATH OF LATE DHARANIDHAR DEKA HIS LEGAL HEIRS SMTI. BIMALA DEKA AND 5 ORS. W/O LATE DHARANIDHAR DEKA R/O EAMDIA (UJANKURI) P.O.- UJANKURI P.S.- HAJO DIST- KAMRUP ASSAM PIN-781102 2: BHABEN DEKA S/O LATE DHARANIDHAR DEKA R/O EAMDIA (UJANKURI) P.O.- UJANKURI P.S.- HAJO DIST- KAMRUP ASSAM PIN-781102 3: KAMEN DEKA S/O LATE DHARANIDHAR DEKA R/O EAMDIA (UJANKURI) P.O.- UJANKURI P.S.- HAJO DIST- KAMRUP ASSAM PIN-781102 4: SMTI. NIJARA DEKA D/O LATE DHARANIDHAR DEKA R/O EAMDIA (UJANKURI) P.O.- UJANKURI P.S.- HAJO Page No.# 2/4 DIST- KAMRUP ASSAM PIN-781102 5: JITENDRA DEKA S/O LATE DHARANIDHAR DEKA R/O EAMDIA (UJANKURI) P.O.- UJANKURI P.S.- HAJO DIST- KAMRUP ASSAM PIN-781102 6: SMTI. JURI MALAKAR D/O LATE DHARANIDHAR DEKA R/O EAMDIA (UJANKURI) P.O.- UJANKURI P.S.- HAJO DIST- KAMRUP ASSAM PIN-781102 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER DEPARTMENT DISPUR GUWAHATI-781006 2:THE JOINT SECRETARY GOVERNMENT OF ASSAM REVENUE AND DISASTER DEPARTMENT DISPUR GUWAHATI-781006 3:THE DISTRICT COMMISSIONER KAMRUP (R) DISTRICT AMINGAON 4:THE ADDITIONAL DISTRICT COMMISSIONER LAND ACQUISITION BRANCH KAMRUP (R) DISTRICT AMINGAON ------------ Advocate for : MR. B K BHAGAWATI Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 3 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 20.01.2026 Heard Mr. B. S. Deka, learned counsel for the applicants. Also heard Mr. J. Handique, learned Standing Counsel, Revenue Department, for respondent Nos. 1 & 2; and Mr. H. Sarmah, learned State Counsel for respondent Nos. 3 & 4. This is an application praying for substitution of the deceased petitioner by the legal heirs in the connected writ petition, being WP(C) No. 24/2018. The deceased petitioner, Late Dharanidhar Deka, has filed the connected writ petition praying for a direction to the respondents to disburse the land acquisition compensation in respect of the land measuring 7 Bighas covered by Dag No. 1/51 and Patta No. 1 F.C. Grant under Revenue Village Barsanda of Mouza, Shila Sundori Ghopa of Kamrup (R) District. During the pendency of the said writ petition, the petitioner had expired on 29.09.2025. The applicants herein, being the legal heirs of the deceased petitioner, have prayed for substitution in his place. Having considered that the petitioner had died during the pendency of the connected WP(C) No. 24/2018 and the applicants appear to be the legal heirs of the deceased petitioner and considering that the prayer for substitution not being opposed by the learned counsel for the respondents, I deem it Page No.# 4/4 appropriate to allow this interlocutory application. Accordingly, the applicants, namely, (i) Smti Bimala Deka (wife), (ii) Sri Bhaben Deka (son), (iii) Sri Kamen Deka (son), (iv) Smti. Nijara Deka (daughter), (v) Sri Jitendra Deka (son), and (vi) Smti Juri Malakar (daughter), are allowed to be substituted the deceased petitioner in the connected WP(C) No. 24/2018. The interlocutory application stands disposed of. JUDGE Comparing Assistant