Interlocutory application seeking substitution of the legal heirs of deceased petitioner Kalpana Saha in a writ petition challenging a 2016 building permission. The court found the right to sue survived, substituted the four heirs, directed registry corrections, and disposed of the application.
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GAHC010013862025
2025:GAU-AS:3941
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/163/2025
SRI DIPANKAR SAHA
S/O LATE BHUBAN CH SAHA, R/O R P ROAD, DISPUR, GUWAHATI-6, P.O. ASSAM SACHIVALAYA, PS. DISPUR, DISTRICT KAMRUP METRO, ASSAM
2: SMTI BIJLE SAHA D/O LATE BHUBAN CH SAHA R/O R P ROAD DISPUR GUWAHATI-6 P.O. ASSAM SACHIVALAYA PS. DISPUR DISTRICT KAMRUP METRO ASSAM
3: SMTI SILPI SAHA W/O SRI BISWAJIT SAHA R/O BAROHOLIA PADMAPATI ROAD 1ST BYE LANE TEZPUR-784001 PS.O. AND PS. TEZPUR DISTRICT SONITPUR ASSAM
4: SRI SHUBANKAR SAHA
S/O LATE BHUBAN CH SAHA R/O R P ROAD DISPUR GUWAHATI-6 P.O. ASSAM SACHIVALAYA PS. DISPUR DISTRICT KAMRUP METRO ASSA
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VERSUS
THE STATE OF ASSAM AND ORS REP BY COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-6
2:THE CHIEF EXECUTIVE OFFICER
GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-781005.
3:THE GUWAHATI MUNICIPAL CORPORATION
REP. BY ITS COMMISSIONER PANBAZAR GUWAHATI-781001. 4:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION
PANBAZAR GUWAHATI-781001. 5:SMTI. SANTI RANI PAUL W/O. LT. NRIPENDRA NATH PAUL
6:AMAL PAUL S/O. LT. NRIPENDRA NATH PAUL
7:NIRMAL PAUL
S/O. LT. NRIPENDRA NATH PUAL ALL ARE RESIDENTS OF NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON-11 HOUSE NO. 122.
8:SMTI. REKHA PAUL
W/O. SRI AMAL PAUL R/O. HARIPATTY
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NEAR KALI MANDIR TEZPUR-784001 P.O. TEZPUR DIST. SONITPUR ASSAM.
9:PRADIP KANTI PAUL
S/O. LT. NRIPENDRA NATH PAU
Advocate for the Petitioner : MS P DEB, MS.P DEB,MS.N DEB
Advocate for the Respondent : GA, ASSAM, SC, G M D A,SC, GMC
Linked Case : WP(C)/4764/2017
KALPANA SAHA @ KALPANA RANI SAHA W/O. LT. BHUBAN CH. SAHA R/O. R.P. ROAD DISPUR GHY.-05 P.O. and P.S. DISPUR DIST. KAMRUP M ASSAM.
VERSUS
THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY and 8 ORS. REP. BY ITS CHIEF EXECUTIVE OFFICER BHANGAGARH GHY.-781005.
2:THE CHIEF EXECUTIVE OFFICER
GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-781005.
3:THE GUWAHATI MUNICIPAL CORPORATION
REP. BY ITS COMMISSIONER PANBAZAR
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GUWAHATI-781001.
4:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION
PANBAZAR GUWAHATI-781001. 5:SMTI. SANTI RANI PAUL
W/O. LT. NRIPENDRA NATH PAUL
6:AMAL PAUL S/O. LT. NRIPENDRA NATH PAUL
7:NIRMAL PAUL
S/O. LT. NRIPENDRA NATH PUAL ALL ARE RESIDENTS OF NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON-11 HOUSE NO. 122.
8:SMTI. REKHA PAUL
W/O. SRI AMAL PAUL R/O. HARIPATTY NEAR KALI MANDIR TEZPUR-784001 P.O. TEZPUR DIST. SONITPUR ASSAM.
9:PRADIP KANTI PAUL
S/O. LT. NRIPENDRA NATH PAUL
-----------Advocate for : MS.M DEV Advocate for : MS.M HAZARIKA appearing for THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY and 8 ORS.
Linked Case : I.A.(Civil)/3594/2017
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KALPANA SAHA @ KALPANA RANI SAHA
VERSUS
THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY and 8 ORS.
-----------Advocate for : MS.P DEB Advocate for : SC
G M D A appearing for THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY and 8 ORS.
BEFORE
HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
02-04-2025
1. Ms. N. Deb, learned counsel for the applicants and Mr. P. Nayak, learned Standing counsel, GMDA for the respondents.
2. The interlocutory application being I.A.(C) No. 163/2025 is filed for substitution of legal heirs of the deceased petitioner, Kalpana Saha @ Kalpana Rani Saha in the connected WP(C) No. 4764/2017.The challenge made in the writ petition is to the building permission dated 06.06.2016 granted to the respondent Nos. 5 to 9.
3. Mr. Nayak, learned Standing counsel, GMDA submits that he has no instruction to object to the substitution petition.
4. Perused the application and the statements made therein.
5. In Para No. 2 of the application, it has been mentioned that the petitioner in WP(C)
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No. 4764/2017, had expired on 24.10.2024 due to illness and was survived by the legal representatives, whose names have been mentioned in Para No. 3 of the application as (i) Sri Dipankar Saha (son), (ii) Smti. Bijle Saha (daughter), (iii) Smti. Silpi Saha (daughter) and (iv) Sri Shubankar Saha (son).
6. In view of the aforesaid, this Court is of the opinion that right to sue survives.
7. Accordingly, this Court substitutes the legal heirs, whose names mentioned in Para 3 of I.A.(C) No. 163/2025 in place of the deceased petitioner, Kalpana Saha @ Kalpana Rani Saha in the connected WP(C) No. 4764/2017.
8. The applicants to furnish an amended cause title to the Registry in terms of the extent norms.
9. Registry is directed to make necessary correction accordingly and list the connected WP(C) No. 4764/2017 along with I.A.(C) No. 3594/2017 after the ensuing ‘Bihu’ vacation on a date to be fixed by it.
10. In view of the aforesaid, the interlocutory application being I.A.(C) No. 163/2025, stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the legal heirs of the deceased petitioner Kalpana Saha may be substituted in the connected writ petition WP(C) No. 4764/2017?
Sri Dipankar Saha
Smti Bijle Saha
Smti Silpi Saha
Sri Shubankar Saha
The State of Assam and others
Kalpana Saha @ Kalpana Rani Saha
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
