Two petitions filed by sons of a deceased petitioner were allowed. The petitions are permitted to continue with the petitioners as substituted parties in place of the deceased on the death of the original petitioner during the pendency of the writ proceedings.
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GAHC010007022010
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC 2818/2010
1:SRI RAJ NARAYAN SHAH and ANR.
VERSUS
1:THE UNION OF INDIA and 6 ORS
Advocate for the Petitioner : MR.R HAZARIKA Advocate for the Respondent : SC, NF RLY
Linked Case : WP(C) 868/2010
1:JANAK SHAH and ANR. S/O LT. BHAGALU SHAH R/O RAJA ALI ANANDA NAGAR PO. SRIPURIA TINSUKIA PS/DIST. TINSUKIA ASSAM
2: KISHORI SHAH
S/O JANAK SHAH R/O RAJA ALI ANANDA NAGAR PO. SRIPURIA TINSUKIA PS/DIST. TINSUKIA ASSAM VERSUS
1:THE UNION OF INDIA and ORS REP. BY THE SECY. TO THE GOVT. OF INDIA MINISTRY OF RAILWAYS
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RAIL BHAWAN NEW DELHI-1. 2:THE GENERAL MANAGER N.F.RAILWAY MALIGAON GHY-1 3:CHIEF COMMERCIAL MANAGER N.F. RAILWAY MALIGAON GHY-11 4:THE DIVISIONAL RAILWAY MANAGER NF RAILWAY TINSUKIA DIVISION PO/DIST. TINSUKIA ASSAM 5:THE DIVISIONAL COMMERCIAL MANAGER NF RAILWAY TINSUKIA DIVISION PO. DIBRUGARH ASSAM 6:THE STATION SUPERINTENDENT NF RAILWAY NEW TINSUKIA RAILWAY STATION PO/PS/DIST. TINSUKIA ASSAM Advocate for the Petitioner : MR.S S ROY Advocate for the Respondent : MR.A CHETRY
Linked Case : MC 3027/2010 1:SHRI VIJAY NARAYAN SHAH VERSUS 1:THE UNION OF INDIA and ORS Advocate for the Petitioner : MR.R HAZARIKA Advocate for the Respondent : SC NF RLY
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:: BEFORE ::
HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
-O R D E R-
04.04.2018
Heard Mr. GP Bhowmik, learned Senior Counsel assisted by Ms. M Kalita, learned counsel for the petitioner in MC No. 2818/2010 and Mr. R Bhatra, learned counsel for the petitioner in MC No. 3027/2010. Also heard Mr. DK Dey, learned Standing Counsel, NF Railway.
Both the petitions are filed by two sons of the original writ petitioner No. 1, late Janak Shah. The said Janak Shah died on 23.06.2010 after protracted ailment at his residence at Tinsukia. On the death of the deceased father of the petitioners, right to sue survives against the respondent railway and as such these applications are filed. Mr. Dey submits that he has no objection in the event of substitution of the legal heirs of Late Janak Shah.
Considering the same, these two petitions are allowed thereby bringing the petitioners in both the applications as the substituted petitioners in place of the deceased petitioner No. 1.
JUDGE
Comparing Assistant
Raj Narayan Shah
Janak Shah
Kishori Shah
Union of India
Secretary to the Government of India
General Manager N.F. Railway
Prasanta Kumar Deka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
