Page No.# 1/4 GAHC010165622025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/357/2026 SMTI NIRU PAMA BORBORAH W/O- LATE DAMBARU DUTTA D/O- LATE KULA BORBORAH R/O- VILL- AMULAPATTY P.O. AND P.S. DHAKUAKHANA DISTRICT- LAKHIMPUR ASSAM- 787055. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI ASSAM- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI ASSAM-781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI ASSAM-781006. Page No.# 2/4 4:THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTALA GUWAHATI ASSAM-781029. 5:THE DISTRICT COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM-787053. 6:THE CIRCLE OFFICER SUBANSIRI REVENUE CIRCLE P.O. AND P.S. GHILAMARA DIST. NORTH LAKHIMPUR ASSAM-787053. 7:THE TREASURY OFFICER NORTH LAKHIMPUR ASSAM-787001. 8:SMTI RINA DUTTA R/O- VILL.- MAINAPARA P.O. AND P.S. GHILAMARA DIST. LAKHIMPUR ASSAM-787053. ------------ Advocate for : MR. B D KONWAR SR. ADV. Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 16.06 .2026 Heard Ms. P. Soren, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Government Advocate for the respondent No.3, 5; Mr. K. R. Patgiri, learned counsel for the respondent No.8; Mr. R.K. Talukdar, learned Standing Counsel, Accountant General for the respondent No.4; Mr. J. Handique, Page No.# 3/4 learned Standing Counsel, Revenue Department. 2] This writ petition has been filed by the petitioner who has been arrayed as respondent No.8 in WP(C) No.4205/2025 seeking directions to the respondents with the following prayers: “1. Directing the respondent authorities to process and disburse the Death- cum-Retiral Benefits (DCRB), Family Pension, and other terminal dues of Late Dambaru Dutta in favor of the petitioner. 2. For setting aside/quashing the Next-of-Kin/Legal-Heir certificate issued in favor of Respondent No.8. 3. For setting aside the ex parte judgment dated 15.12.2017 and decree dated 18.12.2017 passed in T.S. (Divorce) No.28/2017; and/or declare the said judgment and decree to be void ab initio for want of jurisdiction and being obtained by fraud and misrepresentation. 4. To declare that the petitioner, Smti. Niru Pama Borborah, is the lawful wife and legal heir of Late Dambaru Dutta and is entitled to all death-cum-service benefits and family pension in accordance with law; and direct the respondents to recognize the petitioner as such for all official purposes.” 3] No affidavit has been filed by any of the respondents. The prayer made in the writ petition for interference of the judgment dated 15.12.2017 and decree dated 18.12.2017 in T.S. (Divorce) Case No. 28/2017 will have to be assailed before the Division Bench of this Court as per the Gauhati High Court Rules. Insofar as the quashment of the Legal Heir Certificate in favour of respondent Page No.# 4/4 No.8 who is the petitioner in WP(C) No.4205/2025 is concerned, the same cannot be entertained until the judgment dated 15.12.2017 and decree dated 18.12.2017 passed in T.S. (Divorce) Case No. 28/2017 is interfered with and set aside. 4] Under such circumstances, in view of the judgment dated 15.12.2017 and decree dated 18.12.2017 passed in T.S. (Divorce) Case No. 28/2017 which have attained finality and against which no proper appeal has been preferred, the claims made by the writ petitioner are not maintainable and accordingly, the same stands dismissed. JUDGE Comparing Assistant