Mamani Baruah and 2 Ors v. The State of Assam and 2 Ors

ORDER

10.04.2024

Heard Mr. K.M. Haloi, learned counsel for the applicants. The Interlocutory Application has been filed praying for substitution of the legal heirs of Dr. Modit Ranjan Gogoi, who is the petitioner no.11 in WP(C) No.6375/2015, in the writ petition. The petitioner no.11 had expired on

03.03.2023. Learned counsel for the applicants has referred to the death certificate of Modit Ranjan Gogoi issued on 12.04.2023 showing the name of his wife Mamoni Baruah. Pursuant thereto the legal heirs applied for Legal Heirs Certificate before the Kamrup Metropolitan District and accordingly, Legal Heirs Certificate was issued to them on 14.06.2023 showing Mamoni Baruah as wife and Hrishikesh Gogoi and Bhaskar Jyoti Gogoi as sons of the late Modit Ranjan Gogoi. Accordingly, learned counsel for the applications has prayed that the name of the applicants be substituted in place of the petitioner no.11. Page No.# 3/3 Prayer is not objected to by Ms. D. Bora, learned Standing Counsel, Health Department as well as Mr. C. Baruah, learned Accountant General, Assam. Accordingly, Interlocutory Application stands allowed and disposed of. The applicants, namely, Mamoni Baruah, Hrishikesh Gogoi and Bhaskar Jyoti Gogoi be arrayed as the petitioner no.11(a), 11(b) and 11(c) in WP(C) No.6375/2015 in place of the petitioner no.11, Dr. Modit Ranjan Gogoi. Learned counsel for the applicants/petitioners shall file amended cause-title before the Registry within a period of 1 (one) week from today. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010066052024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/983/2024o MAMANIoBARUAHoANDo2oORSo WIFEoOFoLATEoMODIToRANJANoGOGOI,oR/OoBRAHMAPUTRAoHOUSINGo COLONY,oBHETAPARA,oGUWAHATI. 2:oHRISHIKESHoGOGOI oSONoOFoLATEoMODIToRANJANoGOGOI oR/OoBRAHMAPUTRAoHOUSINGoCOLONY oBHETAPARA oGUWAHATI. 3:oBHASKARoJYOTIoGOGOI oSONoOFoLATEoMODIToRANJANoGOGOI oR/OoBRAHMAPUTRAoHOUSINGoCOLONY oBHETAPARA oGUWAHATIo VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoHEALTHoANDoFAMILYoWELFARE,oDISPUR,oGUWAHATI- 781006 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-781006. 3:THEoDIRECTORoOFoAYUSH oASSAM Page No.# 2/3 HOUSE NO.1 BANPHUL NAGAR PATH BASISTHA ROAD GUWAHAT Advocate for the Petitioner : MR. K M HALOI Advocate for the Respondent : SC, HEALTH BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA