In a connected writ petition, applicants moved an interlocutory application seeking substitution of the original petitioner who had died during pendency, his legal heirs seeking to be substituted.
Interlocutory application allowed and disposed of; applicants substituted in connected WP(C) No.1571/2022.
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GAHC010076462024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1155/2024
ON THE DEATH OF KHAGEN SARMA HIS LEGAL HEIRS RITA SARMA AN ORS
1.1: SMTI RITA SARMA
W/O LATE KHAGEN SARMA R/O WARD NO. 4 KONWAR NAGAR KARIM CHOWK (NEAR BHARAT PETROL PUMP) P.O.-MANGALDOI DIST-DARRANG ASSAM
1.2: SRI ANKU PRATIM SARMAH
S/O LATE KHAGEN SARMA R/O WARD NO. 4 KONWAR NAGAR KARIM CHOWK (NEAR BHARAT PETROL PUMP) P.O.-MANGALDOI DIST-DARRANG ASSAM
1.3: SMTI BRITISHA SARMA
D/O LATE KHAGEN SARMA R/O WARD NO. 4 KONWAR NAGAR KARIM CHOWK (NEAR BHARAT PETROL PUMP) P.O.-MANGALDOI DIST-DARRANG ASSA VERSUS
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THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE MINISTRY OF FINANCE, NEW DELHI
2:THE ASSAM GRAMIN VIKASH BANK REPRESENTED BY THE CHAIRMAN HEAD OFFICE-G.S. ROAD BHANGAGARH GUWAHATI-781005 3:THE GENERAL MANAGER AND DISCIPLINARY AUTHORITY ASSAM GRAMIN VIKASH BANK HEAD OFFICE-G.S. ROAD BHANGAGARH GUWAHATI-781005 4:THE SENIOR MANAGER AND ENQUIRY OFFICER ASSAM GRAMIN VIKASH BANK LAKHIMPUR BRANCH P.O.-NORTH LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN5:THE SENIOR MANAGER AND PRESENTING OFFICER ASSAM GRAMIN VIKASH BANK GOGAMUKH BRANCH P.O.-GOGAMUKH DIST-DHEMAJI ASSAM PIN6:THE REGIONAL MANAGER ASSAM GRAMIN VIKASH BANK LAKHIMPUR P.O.-NORTH LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN7:THE CHIEF MANAGER (PERSONAL) ASSAM GRAMIN VIKASH BANK HEAD OFFICE BHANGAGARH GUWAHATI-78100
Advocate for the Petitioner : MS. P GARGO
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Advocate for the Respondent : DY.S.G.I.
Linked Case : WP(C)/1571/2022
KHAGEN SARMA S/O LATE BHAGIRATH SARMA R/O WARD NO. 4 KONWAR NAGAR KARIM CHOWK (NEAR BHARAT PETROL PUMP) P.O.-MANGALDOI DIST-DARRANG ASSAM VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE MINISTRY OF FINANCE NEW DELHI 2:THE ASSAM GRAMIN VIKASH BANK REPRESENTED BY THE CHAIRMAN HEAD OFFICE-G.S. ROAD BHANGAGARH GUWAHATI-781005 3:THE GENERAL MANAGER AND DISCIPLINARY AUTHORITY ASSAM GRAMIN VIKASH BANK HEAD OFFICE-G.S. ROAD BHANGAGARH GUWAHATI-781005 4:THE SENIOR MANAGER AND ENQUIRY OFFICER ASSAM GRAMIN VIKASH BANK LAKHIMPUR BRANCH P.O.-NORTH LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN5:THE SENIOR MANAGER AND PRESENTING OFFICER ASSAM GRAMIN VIKASH BANK GOGAMUKH BRANCH P.O.-GOGAMUKH DIST-DHEMAJI ASSAM PIN-
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6:THE REGIONAL MANAGER ASSAM GRAMIN VIKASH BANK LAKHIMPUR P.O.-NORTH LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN7:THE CHIEF MANAGER (PERSONAL) ASSAM GRAMIN VIKASH BANK HEAD OFFICE BHANGAGARH GUWAHATI-781005 -----------Advocate for : MR. A KHANIKAR Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS
BEFORE
HON’BLE MR. JUSTICE KARDAK ETE
O R D E R
29.05.2024.
Heard Mr. R. Sarma, learned counsel for the applicants. Also heard Mr. A. Dhanuka, learned counsel for the respondent Nos.2—7.
By filing this Interlocutory Application, the applicants have prayed for substitution of the petitioner (since deceased) by the three legal heirs, in the connected WP(C) No.1571/2022.
During the pendency of the WP(C) No.1571/2022, the petitioner had unfortunately expired on 30.01.2023 and he is survived by the applicants, namely, (1) Smti Rita Sarma, wife, (2) Sri Anku Pratim Sarmah, son and (3) Ms. Britisha Sarma, daughter.
It is submitted that on the death of the petitioner being the legal heirs, the
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applicants are required to be substituted, in place of the deceased petitioner.
I have considered the submissions and the grounds for substitution.
Having considered that the applicants are the legal heirs of the deceased petitioner, I deem it appropriate to allow this application. Accordingly, the applicants be substituted the deceased petitioner in the connected WP(C) No.1571/2022.
The Interlocutory Application stands allowed and disposed of.
JUDGE
Comparing Assistant
Rita Sarma
Anku Pratim Sarmah
Britisha Sarma
The Union of India
The Assam Gramin Vikash Bank
Kardak Ete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
