Allowed

On the Death of Sayed Moinuddin Ahmed His Legal Heirs Syed Abu Sayeed and Anr. v. the Govt. of Assam

Gauhati HC13 Jun 2022I.A.(Civil)/953/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interim application to substitute the legal heirs of a deceased petitioner in a pending writ petition. The court accepted affidavit statements and a submitted death certificate to authorize the substitution of the two sons of the original petitioner in the cause title.

What did the court decide?

Prayer to substitute the legal heirs (Syed Abu Sayeed and Syed Abu Talha) of the deceased petitioner in the cause title of the connected writ petition was allowed.

On the Death of Sayed Moinuddin Ahmed His Legal… — Succession and Inheritance | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010047842022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/953/2022

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ON THE DEATH OF SAYED MOINUDDIN AHMED HIS LEGAL HEIRS SYED ABU SAYEED and ANR.

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S/O LATE SYED MOINUDDIN AHMED, R/O KISMATPUR, BALADMARI, PO BALADMARI, PS GOALPARA, DIST. GOALPARA, ASSAM, PIN-783121

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2: SYED ABU TALHA

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S/O LATE SYED MOINUDDIN AHMED R/O KISMATPUR BALADMARI PO BALADMARI PS GOALPARA DIST. GOALPARA ASSAM PIN-78312

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VERSUS

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THE GOVT. OF ASSAM

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REP BY THE COMMISSIONER AND SECRETARY, REVENUE DEPTT, DISPUR, GHY-6

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2:THE DEPUTY COMMISSIONER

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GOALPARA DISTRICT AT GOALPARA

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3:THE SETTLEMENT OFFICER BALIJANA REVENUE CIRCLE GOALPARA

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4:ANJUMAN-E-KHADEMUL ISLAM

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A SOCIETY REP BY ITS GENERAL SECRETARY MD ISMILE HUSSAIN GOALPARA TOWN PO AND PS GOALPARA

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Advocate for the Petitioner : MR. S CHAUHAN

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Page No.# 2/3

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Advocate for the Respondent : GA, ASSAM

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Linked Case : WP(C)/4701/2013

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SAYED MOINUDDIN AHMED and 2 ORS.

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2: SYED MOHIBULLA

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3: SYED ATA MOHAMMAD JAN S/O LT. SYED MAHIUDDIN @ BABU R/O CHANDARIA AGIA ROAD P.O. BALADMARI P.S. GOALPARA DIST- GOALPARA ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY REVENUE DEPARTMENT DISPUR GHY-6 2:THE DY. COMMISSIONER GOALPARA DISTRICT AT GOALPARA 3:THE SETTLEMENT OFFICER BALIJANA REVENUE CIRCLE GOALPARA 4:ANJUMAN E KHANDEMUL ISLAM A SOCIETY REPRESENTED BY ITS GENERAL SECRETARY MD. ISMILE HUSSAIN GOALPARA TOWN P.O. and P.S. GOALPARA -----------Advocate for : MR.A R SHOME Advocate for : MRS.V L SINGH appearing for THE STATE OF ASSAM AND 3 ORS

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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Page No.# 3/3

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ORDER

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Date : 13/06/2022

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Heard Mr. B.B. Narzary, learned senior counsel assisted by Mr. S. Chauhan, learned counsel for the applicants. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, Assam, appearing on behalf of the respondent No.1; Mr. S. Baruah, learned Government Advocate, Assam, representing the respondent nos. 2 and 3 and Ms.F. Zaman, learned counsel for the respondent no. 4.

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This IA has been filed with a prayer to substitute the legal heirs of the petitioner no. 1 i.e. Sayed Moinuddin Ahmed, who had expired on 16/02/2022 during the pendency of this writ petition. The name and particulars of legal heirs of the deceased petitioner no.1 are mentioned in para 4 of the application.

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Mr. Narzary submits that save and except those two sons, there is no other surviving legal heir of the petitioner no. 1.

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The learned counsel for the respondents submit that although the death certificate is not available on record, yet, they do not have any objection if the prayer is allowed.

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Since statements have been made in this IA supported by affidavit, this Court is inclined to accept the correctness of the statements made in the IA, which indicates that the petitioner no.1 has already expired. Copy of the death certificate has also been handed over today by Mr. Narzary. I have perused the same.

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In view of the above, there is no justifiable ground to deny the prayer. The prayer for substitution is, therefore, allowed.

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The two sons of the applicant, viz. Sayed Abu Sayeed and Sayed Abu Talha, as mentioned in para 4 of the IA, shall stand substituted in his place.

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Registry to make necessary correction in the cause title of the connected writ petition.

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Copy of the death certificate is retained in the case record.

IA stands disposed.

JUDGE

sukhamay

Comparing Assistant

On the Death of Sayed Moinuddin Ahmed His Legal Heirs Syed Abu Sayeed and Anr. v. the Govt. of Assam

Case brief

What is this about?

What did the court decide?

On the Death of Sayed Moinuddin Ahmed His Legal Heirs Syed Abu Sayeed and Anr. v. the Govt. of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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