On the Death of Pabindra Dutta Chowdhury @ Opu Dutta His Legal Heirs Chuauhang Sangkungi v. The State of Assam and 5 Ors

ORDER Date : 30.09.2024

Heard Ms. B. Chowdhury, the learned counsel appearing on behalf of the Applicant. Page No.# 3/3

¶2Both the Interlocutory Applications have been filed for setting aside the abatement as well as for substitution of the legal representatives of the Petitioner in the accompanying writ petition who expired during the pendency of the instant writ petition i.e. on 14.01.2024.

¶3Taking into account that the cause of action in respect to the accompanying writ petition survives post the death of the Petitioner upon the legal representatives, this Court is of the opinion that the accompanying writ petition can be permitted to be proceeded with through the legal representatives of the Petitioner. It is mentioned that the Petitioner is survived by his wife namely Smti Chuauhang Sangkungi who is the applicant in the instant proceedings.

¶4Taking into account the above, this Court substitutes the Applicant herein with that of the original Petitioner.

¶5The learned counsel for the Applicant is directed to file a fresh Memo of Parties before the Registry of this Court within 7 (seven) days and on the basis of the said Memo of Parties and the order passed herein, the Registry is directed to make necessary changes in the Cause Title as well as update the same in the CIS.

¶6Both the Interlocutory Applicant stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010120512024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1874/2024o ONoTHEoDEATHoOFoPABINDRAoDUTTAoCHOWDHURYo@oOPUoDUTTAo CHOWDHURYoHISoLEGALoHEIRSoCHUAUHANGoSANGKUNGIo C/OoLATEoPABINDRAoDUTTAoCHOWDHURY,oR/OoSANGPUoHOUSE,o UZANBAZARoSAToPUKHURI,oM.G.oROAD,oGUWAHATI-781001 VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoCHIEFoSECRETARY,oGOVERNMENToOFoASSAM,o DISPUR,oGUWAHATI-781006 2:GAUHATIoMUNICIPALoCORPORATION oPANBAZAR oGUWAHATI-781001oTHROUGHoITSoSECRETARY 3:THEoGAUHATIoMETROPOLITANoDEVELOPMENToAUTHORITY oREPRESENTEDoBYoTHEoSECRETARY oGMDA oBHANGAGARH oGUWAHATI-781005 4:THEoCOMMISSIONER oGAUHATIoMUNICIPALoCORPORATION oGUWAHATI oP.O.-PANBAZAR oGUWAHATI-781001 oDIST-KAMRUP oASSAM 5:THEoDEPUTYoCOMMISSIONER oKAMRUPoMETRO oPANBAZAR oGUWAHATI-781001 oASSAM Page No.# 2/3 6:RAJ BHAWAN GUWAHATI REPRESENTED BY THE SECRETARY TO HIS EXCELLENCY THE GOVERNOR OF ASSAM RAJ BHAWAN UZANBAZAR SAT PUKHURI M.G. ROAD GUWAHATI-78100 Advocate for the Petitioner : MS. B CHOWDHURY, MS. B CHOWDHURY Advocate for the Respondent : GA, ASSAM, Linked Case : I.A.(Civil)/1956/2024 ON THE DEATH OF PABINDRA DUTTA CHOWDHURY @ OPU DUTTA HIS LEGAL HEIRS CHUAUHANG SANGKUNGI C/O LATE PABINDRA DUTTA CHOWDHURY @ OPU DUTTA SANGPU HOUSE UZANBAZAR SAT PUKHURI M.G. ROAD GUWAHATI-781001 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 For the Applicant(s) : Ms. B. Chowdhury, Advocate For the Respondent(s) : Mr. R. Borpujari, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH