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2026 DAILYLAW 7530 (GAU)

HEM CHANDRA SARMA AND ANR v. THE UNION OF INDIA AND 6 ORS

WP(C)/1118/2026 · 2026-06-07

Kardak Ete

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010017782026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1118/2026 HEM CHANDRA SARMA AND ANR SON OF LATE BRAJA NATH SARMA, RESIDENT OF HOUSE NO.263, MALAY NAGAR, PWD CHOWK, NEAR AEC CAMPUS, P.O AND P.S.- JALUKBARI, GUWAHATI-781013, DISTRICT- KAMRUP (M), ASSAM. 2: DIPANKAR SARMA SON OF SRI HEM CHANDRA SARMA RESIDENT OF HOUSE NO. 263 MALAY NAGAR PWD CHOWK NEAR AEC CAMPUS P.O AND P.S.- JALUKBARI GUWAHATI- 781013 DISTRICT-KAMRUP (M) ASSAM VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY SECRETARY, GOVT. OF INDIA, DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT, SHASTRI BHAWAN, C-WING, DR. RAJENDRA PRASAD ROAD, NEW DELHI- 110011. 2:THE STATE OF ASSAM REPRESENTED BY SECRETARY GOVERNMENT OF ASSAM DEPARTMENT OF SOCIAL WELFARE DISPUR GUWAHATI-781006. 3:THE COMMISSIONER AND SECRETARY /PRINCIPAL SECRETARY HEALTH SERVICES DEPARTMENT DISPUR GUWAHATI- 6. Page No.# 2/3 4:THE JOINT DIRECTOR OF DEPARTMENT OF HEALTH SERVICES OFFICE OF THE JOINT DIRECTOR HEALTH SERVICES CHATPUKHURI UZANBAZAR GUWAHATI KAMRUP M. 5:ASSAM STATE LEGAL SERVICES AUTHORITY ADJACENT TO GAUHATI HIGH COURT NEW BUILDING GUWAHATI- 781001. 6:THE CHAIRMAN DISTRICT LEVEL COMMITTEE CUM JOINT DIRECTOR HEALTH SERVICES CHATPUKHURI UZANBAZAR GUWAHATI-01 KAMRUP (M) ASSAM. 7:PURABI SARMAH WIFE OF SHRI. DIPANKAR SARMA DAUGHTER OF SACHIN SARMAH RESIDENT OF PACHARIA BARHMONTOL NEAR KALI MANDIR P.O.- PACHARIA P.S.- HAJO PIN- 781104 DISTRICT- KAMRUP (M) ASSAM PH. NO.- 9957977320. 8:DISTRICT COMMISSIONER DISTRICT COMMISSIONER-CUM-CHAIRMAN LOCAL LEVEL COMMITTEE LICHUBAGAN HENGRABARI GUWAHATI ASSAM PIN-781036 Advocate for the Petitioner : MR S P DAS, MR. ANGSHUMAN DEKA,MS C BORA,MS. S BAISHYA Advocate for the Respondent : DY.S.G.I., MS. S BHUYAN(R7),MS. C SHARMA(R7),SC, HEALTH AND F W,GA, ASSAM Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 08.06.2026 Heard Mr. S. P. Das, learned counsel for the petitioner and Mr. B. J. Talukdar, learned State Counsel for the respondent No. 8. Also heard Ms. S. Sarma, learned Standing Counsel, Health and Family Welfare Department for the respondent Nos. 3, 4 & 6 and Ms. S. Bhuyan, learned counsel for the respondent No. 7. By filing this writ petition, the petitioner has prayed for a direction to appoint the petitioner No. 1, Shri Hem Chandra Sarma, as a limited guardian for his son, i.e. the petitioner No. 2 (Sri Dipankar Sarma), on account of the petitioner No. 2 being in the state of incapacity or disability due to brain stroke/attack and is unable to use his intellect, converse, take just decision and sign various documents. Mr. B. J. Talukdar, learned State Counsel by placing a copy of the certificate dated 21.05.2026 submits that the petitioner No. 1 has already been granted the limited guardianship of the petitioner No. 2. In view of the above, it is submitted at that Bar that the writ petition has become infructuous. Accordingly, this writ petition stands closed as infructuous, as the relief sought for has already been granted by the respondent authority. A copy of the certificate dated 21.05.2026 is hereby marked as Document X. JUDGE Comparing Assistant