On the Death of Kamal Bora v. The State of Assam and 4 Ors

ORDER Date : 14.06.2024 Heard Mr. D. K. Nath, learned counsel for the applicant. Also heard Ms. N. Bordoloi, learned Standing Counsel for the respondent No. 1, Mr. K. Gogoi, learned Senior Government Advocate for respondent No. 2 and Mr. D. Mahanta, learned counsel for appearing for respondent No. 3, 4 and 5. This is an application for condoning 10 days delay in filing application for setting aside abetment in substituting the legal heirs and deceased writ petitioner No. 1. Heard and perused the averments made in respect of the condonation application. Paragraph 2, 3, 4 and 5 of the condonation application is reproduced hereunder for ready reference:-

¶2That the applicants state that during the pendency of the writ petition, the petitioner No. 1 expired on 26/10/2023 and on the death of Kamal Bora, the petitioner No.1's right to sue in the writ petition survives upon the applicants.

¶3That the applicants state that after expiry of the petitioner No. 1, the applicants applied for the death certificate and obtained the same on 7/11/23. But due to ill health of the applicant No. 1 had to go to Delhi for treatment and could return from Delhi on 10th March 2024. Immediately Page No.# 4/4 after returning, she had handed over the death certificate to the advocate on 14/3/24 to file the substitution petition. But the advocate also remains out of station from 15/3/24 to 28/3/24.

¶4That, the advocate could prepare the same and filed on 2/4/24 the petition for substitution along with one petition for setting aside the abetment along with the present condonation petition.

¶5That the present Application should have filed the petition for substitution on or before 23.01.2024 (90 days from death). Failing which the Petitioner should have filed an separate application for setting aside the abetment on or before 23.03.2024 (another 60 days from the last date of filing substitution petition). Hence there is a delay of 10 days in filing the abetment petition before this Hon'ble Court. Hence the Petitioner has filed the instant interlocutory application for condoning the delay of 10 days in filing the application for setting aside the abetment.

A perusal of the aforesaid averments indicate that the petitioner has made out a sufficient cause for condoning delay occurred. Accordingly 10 days delay is condoned. IA stands allowed. Disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010112292024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1753/2024o ONoTHEoDEATHoOFoKAMALoBORAo HISoLEGALoHEIRSoSUSILAoBORAHoANDoANR 1.1:oSMT.oSUSILAoBORAH oWIFEoOFoLATEoKAMALoBORA o R/O-oVILLAGE-oKAMPURoREVENUEoTOWN oWARDoNO.o4 o MOUZA-oKAMPUR o P.S.-oKAMPUR o DISTRICT-oNAGAON oASSAM. 1.2:oMRS.oDRISTRITAoBORAH oDAUGHTERoOFoLATEoKAMALoBORA o R/O-oVILLAGE-oKAMPURoREVENUEoTOWN oWARDoNO.o4 o MOUZA-oKAMPUR o P.S.-oKAMPUR o DISTRICT-oNAGAON oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o Page No.# 2/4 LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DEPUTY COMMISSIONER NAGAON DISTRICT ASSAM. 3:SOURAV BORAH SON OF LATE KIRAN CH. BORA R/O- VILLAGE- KAMPUR REVENUE TOWN WARD NO. 3 MOUZA- KAMPUR P.S.- KAMPUR DISTRICT- NAGAON ASSAM. 4:SUMITRA BORAH SON OF LATE KIRAN CH. BORA R/O- VILLAGE- KAMPUR REVENUE TOWN WARD NO. 3 MOUZA- KAMPUR P.S.- KAMPUR DISTRICT- NAGAON ASSAM. 5:SAMARENDRA BORAH SON OF LATE KIRAN CH. BORA R/O- VILLAGE- KAMPUR REVENUE TOWN WARD NO. 3 MOUZA- KAMPUR P.S.- KAMPUR DISTRICT- NAGAON ASSAM Advocate for the Petitioner : MS M DAS Advocate for the Respondent : SC, REVENUE Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI