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Smti. Champa Devi Vs the State of Assam and 13 Ors. — Gauhati HC (2025) — LawSathi Research

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Gauhati HC
2025
Smti. Champa Devi Vs the State of Assam and 13 Ors.Smti. Champa Devi v. the State of Assam and 13 Ors.

Disposed¶¶39

Smti. Champa Devi v. the State of Assam and 13 Ors.

Gauhati HC3 Apr 2025I.A.(Civil)/962/2025

Case brief

AI extract

What is this about?

Procedural order, Gauhati High Court, Justice Suman Shyam, dated 04-04-2025, disposing of I.A.(Civil)/962/2025. Applicant: Smti Champa Devi, w/o Late Tikaram Adhikari, Vill-Singri Bangali, Dist-Sonitpur, Assam (counsel: B K Das, H P Neog; heard through I.J. Singpho). Opposing side: State of Assam and 13 others - Environment & Forest Department Secretary, Principal Chief Conservator of Forest, Finance Department, Principal Accountant General (A&E), Pension/Directorate of Pension officials, and Divisional Forest Officers of Barpeta, Nalbari, Sonitpur, Morigaon, Nagaon, Bongaigaon, Hailakandi and Dhubri (counsel: I. Borthakur for respondents 1-3 & 5-14; S.K. Medhi for respondent 4; SC Forest, SC Finance, GA Assam on record). Subject: substitution of legal heir of deceased petitioner No. 3 in connected writ petition; amended cause title within two weeks; relisting of writ petition. Search terms: substitution of deceased petitioner, legal heir, impleadment, amended cause title, I.A. disposed.

What did the court decide?

Prayer for substitution of the legal heir of deceased petitioner No. 3 in the connected writ petition allowed; applicant to file amended cause title within two weeks; writ petition thereafter to be listed for necessary order(s); I.A. stands disposed of. ¶¶39

Why is it important?

The Court allowed the prayer and substituted the deceased petitioner No. 3 by his legal heir named in paragraph 4 of the application, the opposite parties having raised no objection. ¶¶36

What the court decided

AI extract

Outcome

Prayer for substitution of the legal heir of deceased petitioner No. 3 in the connected writ petition allowed; applicant to file amended cause title within two weeks; writ petition thereafter to be listed for necessary order(s); I.A. stands disposed of.

Issue for consideration

Whether the legal heir of deceased petitioner No. 3 in the connected writ petition may be substituted in place of the deceased petitioner.

Court's answer

The Court allowed the prayer and substituted the deceased petitioner No. 3 by his legal heir named in paragraph 4 of the application, the opposite parties having raised no objection.

Ratio / Principle

Consequential directions: the applicant was directed to submit the amended cause title within 02 weeks, and the writ petition was to be listed thereafter for necessary order(s).

Detailed headnote1 paragraphs

Gauhati High Court (Suman Shyam, J.), Order dated 04-04-2025 in I.A.(Civil)/962/2025, Smti Champa Devi v. The State of Assam and 13 Ors.: The Court permitted substitution of the legal heir of deceased petitioner No. 3 of the connected writ petition, the grounds and particulars of the legal heir having been furnished in paragraph 4 of the application; the opposite parties (represented by Mr. I. Borthakur for respondent Nos. 1 to 3 & 5 to 14 and Mr. S.K. Medhi for respondent No. 4) raised no objection. The applicant was directed to submit the amended cause title within 02 weeks and the writ petition was to be listed thereafter for necessary order(s). The I.A. stood disposed of. No statutory provision or precedent was cited or construed in this purely procedural order.

A

Page No.# 1/4

GAHC010174862024

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

Case No. : I.A.(Civil)/962/2025

SMTI. CHAMPA DEVI

W/O LATE TIKARAM ADHIKARI, R/O VILL- SINGRI BANGALI, P.O.- SINGRI, DIST- SONITPUR, ASSAM, PIN-784110

VERSUS

THE STATE OF ASSAM AND 13 ORS REPRESENTED BY ITS SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-6

2:PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM PANJABARI-37

3:PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-06

4:PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA TINIALI GUWAHATI PIN-781029

5:COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCE BLOCK-D JANATA BHAWAN

Page No.# 2/4

DISPUR

GUWAHATI-06

6:DIRECTOR DIRECTORATE OF PENSION HOUSEFED COMPLEX CENTRAL BLOCK BELTOLA ROAD HOUSEFED GUWAHATI-06

7:DIVISIONAL FOREST OFFICER BARPETA DIVISION DIST AND P.O.-BARPETA ASSAM PIN-781301

8:DIVISIONAL FOREST OFFICER NALBARI DIVISION DIST AND P.O.-NALBARI ASSAM PIN-781335

9:DIVISIONAL FOREST OFFICER SONITPUR DIVISION DIST AND P.O.-SONITPUR ASSAM PIN-782123 10:DIVISIONAL FOREST OFFICER MORIGAON DIVISION DIST AND P.O.-MORIGAON ASSAM PIN-782105

11:DIVISIONAL FOREST OFFICER NAGAON DIVISION DIST AND P.O.-NAGAON ASSAM PIN-782001 12:DIVISIONAL FOREST OFFICER BONGAIGAON DIVISION DIST AND P.O.-BONGAIGAON ASSAM PIN-783380

13:DIVISIONAL FOREST OFFICER

Page No.# 3/4

HAILAKANDI DIVISION DIST AND P.O.-HAILAKANDI ASSAM PIN-788151

14:DIVISIONAL FOREST OFFICER DHUBRI DIVISION DIST AND P.O.-DHUBRI ASSAM PIN-78330

Advocate for the Petitioner : MR. B K DAS, H P NEOG

Advocate for the Respondent : SC, FOREST, SC, FINANCE,GA, ASSAM

BEFORE

HONOURABLE MR. JUSTICE SUMAN SHYAM

ORDER

Date : 04-04-2025

Heard Mr. I.J. Singpho, learned counsel for the applicant.

Also heard Mr. I. Borthakur, learned counsel for the opposite party Nos. 1 to 3 & 5 to 14 and Mr. S.K. Medhi, learned counsel for the respondent No. 4.

This I.A. has been filed with a prayer to substitute the legal heir of deceased petitioner No. 3 in the connected writ petition. The grounds for substitution along with the name and particulars of the legal heir has been furnished in paragraph 4 of the application.

Mr. Borthakur and Mr. Medhi submit that they would have no objection if the prayer is allowed by this Court.

In view of the above and the prayer made by the applicant, the deceased petitioner No. 3 is hereby substituted by his legal heir named in paragraph 4 of the application.

The applicant to submit amended cause title within 02 weeks from today.

The writ petition be listed thereafter for necessary order(s).

I.A. stands disposed of.

Page No.# 4/4

JUDGE

GS

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the legal heir of deceased petitioner No. 3 in the connected writ petition may be substituted in place of the deceased petitioner.¶¶34
The court held
The Court allowed the prayer and substituted the deceased petitioner No. 3 by his legal heir named in paragraph 4 of the application, the opposite parties having raised no objection.ratio¶¶36

Procedural history

How this case reached the court

AI extract

Prior proceeding
A connected writ petition is pending in which petitioner No. 3 is deceased; the present interlocutory application was filed seeking substitution of his legal heir.¶¶34
Prior proceeding
Grounds for substitution together with the name and particulars of the legal heir were furnished in paragraph 4 of the application.¶¶34

Parties & counsel

AI extract

applicant
SMTI. CHAMPA DEVI¶¶6
MR. B K DAS, H P NEOG, I.J. Singpho
respondent
THE STATE OF ASSAM AND 13 ORS REPRESENTED BY ITS SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-6¶¶9
I. Borthakur, S.K. Medhi, SC, FOREST, SC, FINANCE, GA, ASSAM

Coram

AI extract

JUSTICE SUMAN SHYAMauthor¶¶29

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 3 Apr 2025 · April
Registered: 29 Mar 2025
Case no.: I.A.(Civil)/962/2025
CNR: GAHC010174862024
Bench: Suman Shyam
Disposal: Disposed Of
Case type: I.A.(Civil)

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Cite this judgement

Smti. Champa Devi v. the State of Assam and 13 Ors., I.A.(Civil)/962/2025 (GAU), decided on 3 April 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history2

A connected writ petition is pending in which petitioner No. 3 is deceased; the present interlocutory application was filed seeking substitution of his legal heir.
Grounds for substitution together with the name and particulars of the legal heir were furnished in paragraph 4 of the application.

View full history

Bench / Coram

JUSTICE SUMAN SHYAM

Parties & counsel