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2026 DAILYLAW 8205 (GAU)

ON THE DEATH OF GAURI KALITA HIS LEGAL HEIR SMT PRATIMA KALITA v. BISWADEEP DAS

I.A.(Civil)/1789/2026 · 2026-06-14

Sanjay Kumar Medhi

body2026

Judgment text

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Page No.# 1/4 GAHC010100722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1790/2026 In Cont. Cas(C)/263/2022 ON THE DEATH OF GAURI KALITA, HIS LEGAL HEIR SMT PRATIMA KALITA WO GAURI KALITA, RO HOUSE NO 15, HENGRABARI ROAD, PO ASSAM SACHIVALAYA, DIST KAMRUP M, ASSAM, PIN 781006 2: SRI PRANJIT KALITA SO GAURI KALITA RO HOUSE NO 15 HENGRABARI ROAD PO ASSAM SACHIVALAYA DIST KAMRUP M ASSAM PIN 78100 VERSUS BISWADEEP DAS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPTT, DISPUR, GHY 06 2:DIPTENDU TALUKDAR CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPTT WATER HENGRABARI GUWAHATI 781036 3:DIGANTA BARUAH SUPERINTENDING ENGINEER PHE DEPTT GUWAHATI CIRCLE GUWAHATI ASSAM Page No.# 2/4 PIN 781021 4:JAYANTA MAZUMDAR EXECUTIVE ENGINEER PHE DEPTT GUWAHATI DIVISION 1 GUWAHATI 781021 ASSAM 5:DIGANTA BARUAH ADDITIONAL CHIEF ENGINEER PHE DEPARTMENT LOWER ASSAM ZONE HENGRABARI GUWAHATI 781036 6:DIBYAJOTY DUARAH CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT WATER HENGRABARI GUWAHATI 78103 Advocate for the Petitioner : B. NATH, Advocate for the Respondent : SC, P H E, Linked Case : I.A.(Civil)/1789/2026 In Cont.Cas(C)/263/2022 ON THE DEATH OF GAURI KALITA HIS LEGAL HEIR SMT PRATIMA KALITA WO GAURI KALITA RO HOUSE NO 15 HENGRABARI ROAD PO ASSAM SACHIVALAYA DIST KAMRUP M ASSAM PIN 781006 2: SRI PRANJIT KALITA SO GAURI KALITA RO HOUSE NO 15 HENGRABARI ROAD PO ASSAM SACHIVALAYA DIST KAMRUP M ASSAM PIN 781006 Page No.# 3/4 VERSUS BISWADEEP DAS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT DISPUR GHY 06 2:DIPTENDU TALUKDAR CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPTT WATER HENGRABARI GHY 781036 3:DIGANTA BARUAH SUPERINTENDING ENGINEER PHE DEPTT GUWAHATI CIRCLE GHY ASSAM PIN 781021 4:JAYANTA MAZUMDAR EXECUTIVE ENGINEER PHE DEPTT GUWAHATI DIVISION 1 GHY 781021 ASSAM 5:DIGANTA BARUAH ADDITIONAL CHIEF ENGINEER PHE DEPARTMENT LOWER ASSAM ZONE HENGRABARI GHY 781036 6:DIBYAJOTY DUARAH CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT WATER HENGRABARI GUWAHATI 781036 ------------ Advocate for : B. NATH Advocate for : SC P H E appearing for BISWADEEP DAS Page No.# 4/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 15.06.2026 Heard Shri N. J. Khataniar, learned counsel for the applicant, who by means of this application has prayed for condonation of delay of 77 days in filing the connected application for substitution of the petitioner. The learned counsel has submitted that the connected case is a contempt petition which was instituted by the sole petitioner for non-compliance of an order of this Court. He has submitted that the sole petitioner has passed away in the meantime requiring substitution and in the said process, there is a delay of 77 days. The 2nd application is for setting aside abatement. Shri R. R. Gogoi, learned counsel appearing for the respondents has not raised serious objections to the aspect of condonation of delay and for setting aside abatement. He has also informed that steps are being taken for payment of the amount in compliance of the order of this Court. In view of the aforesaid facts and circumstances and after hearing of the parties, both the application for condonation of delay and setting aside the abatement are allowed. Both the IAs are accordingly disposed of. JUDGE Comparing Assistant