ON THE DEATH OF SYED MONOWAR HUSSAIN HIS LEGAL HEIR SYEDA JABIN HUSSAIN v. THE STATE OF ASSAM
I.A.(Civil)/295/2026 · 2026-02-24
N Unni Krishnan Nair
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 5048 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 5048 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC010019562026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/295/2026 ON THE DEATH OF SYED MONOWAR HUSSAIN HIS LEGAL HEIR SYEDA JABIN HUSSAIN WO LATE SYED MONOWAR HUSSAIN, RO HOUSE NO 38, BYE LANE 2, MOTHER TERESA PATH, HATIGAON, PS AND PO HATIGAON, DIST KAMRUP M, ASSAM, GUWAHATI , PIN 781038 2: SYED MEHDI JAHAN SO LATE SYED MONOWAR HUSSAIN RO HOUSE NO 38 BYE LANE 2 MOTHER TERESA PATH HATIGAON PS AND PO HATIGAON DIST KAMRUP M ASSAM GUWAHATI PIN 781038 3: SYEDA MEHNAZ JAHAN DO LATE SYED MONOWAR HUSSAIN RO HOUSE NO 38 BYE LANE 2 MOTHER TERESA PATH HATIGAON PS AND PO HATIGAON DIST KAMRUP M ASSAM GUWAHATI PIN 78103 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY, GOVT OF ASSAM,
Page No.# 2/5 PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI 06 2:THE COMMISSIONER AND SECRETARY GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 6 3:THE SECRETARY GOVT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI 6 4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT GOVT OF ASSAM PANJABARI JURIPAR GUWAHATI ASSAM 5:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI 29 6:THE DIRECTOR PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI ASSAM 06 7:THE CHIEF EXECUTIVE OFFICER NALBARI ZILLA PARISHAD NALBARI PIN 781335 8:THE BLOCK DEVELOPMENT OFFICER SARUKHETRI DEVELOPMENT BLOCK LACHIMA DIST BARPETA ASSA Advocate for the Petitioner : MR. T SK, MR. I ALAM
Page No.# 3/5 Advocate for the Respondent : SC, P AND R.D., SC, PENSION,SC, FINANCE,SC, AG (A AND E) Linked Case : WP(C)/5198/2025 SAYED MONOWAR HUSSAIN S/O LATE MAKBUL HUSSAIN R/O HOUSE NO. 38 BY LANE-2 MOTHER TERESA PATH HATIGAON P.S. AND P.O.- HATIGAON DIST- KAMRUP (M) GUWAHATI PIN-781038 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL SECRETARY GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 3:THE SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6 4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT GOVT.
OF ASSAM PANJABARI JURIPAR GUWAHATI ASSAM 5:THE ACCOUNTANT GENERAL (A AND E)
Page No.# 4/5 ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 6:THE DIRECTOR PENSION AND PUBLIC GRIEVANCE DEPARTMENT DISPUR GUWAHATI ASSAM-06 7:THE CHIEF EXECUTIVE OFFICER NALBARI ZILLA PARISHAD NALBARI PIN-781335 8:THE BLOCK DEVELOPMENT OFFICER SARUKHETRI DEVELOPMENT BLOCK LACHIMA DIST- BARPETA ASSAM ------------ Advocate for : MR. I ALAM Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM AND 7 ORS
BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER
25/02/2026 The present Interlocutory Application has been filed by the applicants, who are the legal heirs of Late Syed Monowar Hussain, for substituting themselves in place of Late Syed Monowar Hussain in the connected writ petition, being WP(C) No. 5198/2025. The connected writ petition was instituted by Syed Monowar Hussain praying for authorization of pension and other pensionary benefits and also for re-fixation of his salary and allowances. During the pendency of the said writ petition, the original petitioner passed on, on
18.11.2025. Page No.# 5/5 The cause of action involved in the said writ petition surviving the death of the original petitioner, the applicants have filed the present Interlocutory Application praying for substituting themselves in place of the original petitioner in the connected writ petition. Prayer is not objected to by the learned counsel for the respondents. Accordingly, the applicants, herein, are permitted to be substituted in the connected writ petition in the following manner:
“On the death of Syed Monowar Hussain his legal heirs:
1. Syeda Jabin Hussain, aged about 68 years, W/o. Late Syed Monowar Hussain,
2. Syed Mehdi Jahan, aged about 37 years S/O. Late Syed Monowar Hussain
3. Syeda Mehnaz Jahan, aged about 29 years D/O. Late Syed Monowar Hussain All are resident of House No. 38, By Lane-2, Mother Teresa Path, Hatigaon, P.S. and P.O.-Hatigaon, Dist-Kamrup(M), Guwahati, Pin-781038.” With the above observations and directions, the present Interlocutory Applications stands disposed of. JUDGE Comparing Assistant