Allowed

On the Death of Sri Ghanashyam Bhuyan His Legal Heirs Binapani Bhuyan v. the State of Assam

Gauhati HC7 Sept 2025I.A.(Civil)/2937/2025

Case brief

AI extract

What is this about?

The court allowed an interlocutory application to substitute the legal heirs of the deceased writ petitioner as respondents in the underlying writ petition, applying Order XXII Rule 4 of the CPC.

What did the court decide?

Substitution of legal heirs Binapani Bhuyan and Rupjyoti Bhuyan in place of deceased writ petitioner Lt. Ghanashyam Bhuyan.

On the Death of Sri Ghanashyam Bhuyan His Legal Heirs… — Service and Employment | Gauhati HC (2025)

Page No.# 1/3

GAHC010198932025

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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)/2937/2025

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ON THE DEATH OF SRI GHANASHYAM BHUYAN HIS LEGAL HEIRS BINAPANI BHUYAN W/O LATE GHANASHYAM BHUYAN RESIDENT OF VILLAGE BARSHALA, PO AMVIKHOWA, DIST BARPETA, ASSAM 781307

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2: SRI RUPJYOTI BHUYAN S/O LATE GHANASHYAM BHUYAN RESIDENT OF VILLAGE BARSHALA PO AMVIKHOWA DIST BARPETA ASSAM 78130

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VERSUS

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THE STATE OF ASSAM

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REPRESENTED BY THE COMMISSIONER AND SECRETARY PWD DEPARTMENT GOVERNMENT OF ASSAM

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2:THE UNDER SECRETARY

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PWD ROADS ESTT B BRANCH GOVERNMENT OF ASSAM

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3:THE CHIEF ENGINEER PWD ROADS CHANDMARI GHY

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4:THE EXECUTIVE ENGINEER PWD ROADS NALBARI DIVISION NALBARI

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5:THE ACCOUNTANT GENERAL A E ASSAM MAIDAMGAON BELTOLA GH

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Advocate for the Petitioner : MR. H BURAGOHAIN,

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Advocate for the Respondent : SC, PWD, SC, AG (A AND E)

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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08.09.2025

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Heard Mr. H. Buragohain, learned counsel for the applicants.

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This interlocutory application has been filed by the applicants seeking substitution of the legal heirs of Lt. Ghanashyam Bhuyan who was the writ petitioner in WP(C) No.1995/2024.

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It is submitted by the learned counsel for the appellants that the writ petitioner in WP(C) No. 1995/2024 expired on 08.05.2025 during the pendency of the writ petition leaving behind the legal heirs namely 1(a) Binapani Bhuyan (widow of the deceased writ petitioner) and 1(b) Rupjyoti Bhuyan (son of the deceased writ petitioner), both being the residents of Village Barshala, P.O. Amirkhowa, Dist: Barpeta, Assam – 781307.

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Mr. R. Dhar, learned Standing Counsel representing the PWD Department and Mr. B. Chakravarty, learned Standing Counsel representing the Accountant General does not object to the prayer made.

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Accordingly, this interlocutory application stands allowed, as per the order XXII, Rule 4 of the Code of Civil Procedure, 1908, the applicants stands substituted as the petitioners in place of Lt. Ghanashyam Bhuyan.

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The applicants shall file amended cause title before the Registry within

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two weeks from today.

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The Interlocutory Application stands allowed and disposed of.

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JUDGE

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Comparing Assistant

On the Death of Sri Ghanashyam Bhuyan His Legal Heirs Binapani Bhuyan v. the State of Assam

Case brief

What is this about?

What did the court decide?

On the Death of Sri Ghanashyam Bhuyan His Legal Heirs Binapani Bhuyan v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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