Disposed¶53

Sri Dipankar Saha v. the Guwahati Metropolitan Development Authority

Gauhati HC1 Apr 2025I.A.(Civil)/164/2025

Case brief

AI extract

What is this about?

Gauhati High Court order dated 02-04-2025 in I.A.(Civil)/164/2025 (Justice Arun Dev Choudhury): legal heirs of deceased petitioner Kalpana Saha @ Kalpana Rani Saha (expired 24.10.2024) — Dipankar Saha, Bijle Saha, Silpi Saha and Shubankar Saha — substituted in connected WP(C) No. 4574/2021; right to sue survives; amended cause title to be furnished; listing after 'Bihu' vacation; interlocutory application disposed of.

What did the court decide?

Substitution of the four legal heirs of the deceased petitioner in WP(C) No. 4574/2021 effected; applicants directed to furnish an amended cause title to the Registry; Registry directed to make necessary corrections and to list WP(C) No. 4574/2021 after the ensuing 'Bihu' vacation on a date to be fixed by it. ¶53

Sri Dipankar Saha Vs the Guwahati Metropolitan Development Authority — Gauhati HC (2025) — LawSathi Research

Page No.# 1/6

GAHC010013872025

2025:GAU-AS:3942

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

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Case No. : I.A.(Civil)/164/2025

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SRI DIPANKAR SAHA

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S/O LATE BHUBAN CH SAHA. R/O R P ROAD, DISPUR, GUWAHATI-6 P.O. ASSAM SACHIVALAYA, PS. DISPUR, DISTRICT KAMRUP METRO, ASSAM

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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

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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

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4: SRI SHUBANKAR SAHA

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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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Page No.# 2/6

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VERSUS

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THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, BHANGAGARH, GUWAHATI-781005

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2:THE CHIEF EXECUTIVE OFFICER

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GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-781005.

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3:THE GUWAHATI MUNICIPAL CORPORATION

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REP. BY ITS COMMISSIONER PANBAZAR GUWAHATI-781001. 4:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION

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PANBAZAR GUWAHATI-781001. 5:SMTI. SANTI RANI PAUL W/O. LT. NRIPENDRA NATH PAUL

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6:AMAL PAUL S/O. LT. NRIPENDRA NATH PAUL

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7:NIRMAL PAUL

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S/O. LT. NRIPENDRA NATH PUAL ALL ARE RESIDENTS OF NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON-11 HOUSE NO. 122.

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8:SMTI. REKHA PAUL

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W/O. SRI AMAL PAUL R/O. HARIPATTY

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Page No.# 3/6

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NEAR KALI MANDIR TEZPUR-784001 P.O. TEZPUR DIST. SONITPUR ASSAM.

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9:PRADIP KANTI PAUL S/O. LT. NRIPENDRA NATH PAU

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Advocate for the Petitioner : SIMANTA RABHA, MS.N DEB,MS.P DEB

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Advocate for the Respondent : GA, ASSAM, SC, GMC,SC, G M D A

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Linked Case : WP(C)/4574/2021

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KALPANA SAHA @KALPANA RANI SAHA W/O LATE BHUBAN CH. SAHA RESIDENT OF R.P ROAD DISPUR GUWAHATI 05 PO AND PS DISPUR DIST KAMRUP M ASSAM

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI 06 2:CIRCLE OFFICER DISPUR REVENUE CIRCLE GUWAHATI KAMRUP (M) ASSAM 3:SMTI SANTI RANI PAUL W/O LATE NRIPENDRA NATH PAUL RESIDENT OF HOUSE NO. 122 NEW GOSHALA HILL SIDE COLONY

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Page No.# 4/6

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KRISHNA NAGAR MAILA TANKI MALIGAON 11 KAMRUP (M) ASSAM

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4:SRI AMAL PAUL S/O LATE NRIPENDRA NATH PAUL RESIDENT OF HOUSE NO. 122 NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON 11 KAMRUP (M) ASSAM

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5:SRI PRADIP KANTI PAUL S/O LATE NRIPENDRA NATH PAUL RESIDENT OF HOUSE NO. 122 NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON 11 KAMRUP (M) ASSAM

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6:SRI NIRMAL PAUL S/O LATE NRIPENDRA NATH PAUL RESIDENT OF HOUSE NO. 122 NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON 11 KAMRUP (M) ASSAM 7:SMTI REKHA PAUL W/O SRI AMAL PAUL RESIDENT OF HARIPATTY NEAR KALI MANDIR TEZPUR DIST SONITPUR ASSAM 784001 -----------Advocate for : MR R CHAKRAVORTY Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 6 ORS

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Page No.# 5/6

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BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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02-04-2025

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1. Ms. N. Deb, learned counsel for the applicants and Mr. J. Handique, learned Standing counsel, Revenue and Disaster Management Department for the respondent Nos. 1 & 2. None appears for the private respondents though notices were served upon them.

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2. The present interlocutory application is filed for substitution of legal heirs of the deceased petitioner, Kalpana Saha @ Kalpana Rani Saha in the connected WP(C) No. 4574/2021.

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3. Mr. Handique, learned Standing counsel, Revenue and Disaster Management Department submits that he has no instruction to object to the substitution petition.

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4. Perused the pleadings as well as the statements made in the application.

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5. In Para No. 2 of the application, it has been mentioned that the petitioner in WP(C) No. 4574/2021, 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).

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6. In view of the aforesaid, this Court is of the opinion that right to sue survives.

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7. Accordingly, this Court substitutes the legal heirs, whose names mentioned in Para 3 of the application, in place of the deceased petitioner, Kalpana Saha @ Kalpana Rani Saha in the connected WP(C) No. 4574/2021.

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Page No.# 6/6

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8. The applicants to furnish an amended cause title to the Registry in terms of the extent norms.

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9. Registry is directed to make necessary correction accordingly and list the connected WP(C) No. 4574/2021 after the ensuing ‘Bihu’ vacation on a date to be fixed by it.

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10. In view of the aforesaid, the present interlocutory application, stands disposed

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of.

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JUDGE

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Comparing Assistant

Sri Dipankar Saha v. the Guwahati Metropolitan Development Authority

Case brief

What is this about?

What did the court decide?

Sri Dipankar Saha v. the Guwahati Metropolitan Development Authority

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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