Allowed¶29

Smti Ajuli Roy v. the Union of India and Ors.

Gauhati HC12 Jul 2026I.A.(Civil)/2219/2026

Case brief

AI extract

What is this about?

Gauhati High Court; Justice Manish Choudhury; I.A.(Civil)/2219/2026; W.P.(C) no. 187/2023; substitution of deceased petitioner; legal representative; right to sue survives; death of petitioner on 28.06.2024; wife substituted as petitioner; no objection by opposite parties; Union of India; Ministry of Road Transport and Highways; NHAI; Competent Authority Land Acquisition (CALA); Bongaigaon, Assam; order dated 13-07-2026.

What did the court decide?

Substitution of the deceased petitioner no. 1, Jadav Roy, by his wife and legal representative, Smti Ajuli Roy, allowed in the connected writ petition W.P.(C) no. 187/2023. ¶29

Smti Ajuli Roy Vs the Union of India and Ors. — Gauhati HC (2026) — LawSathi Research

Page No.# 1/3

GAHC010097222025

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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)/2219/2026

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SMTI AJULI ROY W/O LATE JADAV RAY,

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RESIDENT OF VILLAGE GOSSAIGAON, PO SOUTH BIJNI, PS MANIKPUR, DIST BONGAIGAON, ASSAM 783390

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VERSUS

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THE UNION OF INDIA AND ORS

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REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAY, B-586, SECTOR 10, DWARKA NEW DELHI, PIN-110075

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2:STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE (SETTLEMENT) DEPARTMENT DISPUR GUWAHATI ASSAM PIN-781005

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3:DEPUTY COMMISSIONER BONGAIGAON P.O. AND DIST-BONGAIGAON ASSAM PIN-783380

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4:NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) (MINISTRY OF ROAD TRANSPORT AND HIGHWAY) B-586 SECTOR 10 DWARKA NEW DELHI PIN-110075

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Page No.# 2/3

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5:COMPETENT AUTHORITY LAND ACQUISITION (CALA) THROUGH THE DEPUTY COMMISSIONER BONGAIGAON P.O. AND DIST- BONGAIGAON ASSAM PIN-783380

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6:PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) BONGAIGAON P.O. AND DIST-BONGAIGAON ASSAM PIN-783380 7:THE CIRCLE OFFICER

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MANIKPUR REVENUE CIRCLE DIST-BONGAIGAON ASSAM PIN-78339

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Advocate for the Petitioner : MR A DASGUPTA, MS B DAS

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Advocate for the Respondent : DY.S.G.I.,

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 13-07-2026

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Heard Mr. A. Dasgupta, learned Senior Counsel assisted by Ms. B. Das, learned counsel for the applicant-petitioner; Ms. R. Bora, learned counsel on behalf of Mr. C. Baruah, learned Standing Counsel, NHAI for the opposite party nos. 1, 4 & 6; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue Department for the opposite party no. 2; and Ms. M. Barman, learned Junior Government Advocate, Assam for the opposite party nos. 3, 5 & 7.

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The applicant is the writ petitioner in the connected writ petition, W.P.[C]

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Page No.# 3/3

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no. 187/2023.

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The instant application is preferred seeking substitution of the petitioner no. 1, as the petitioner no. 1, Jadav Roy had expired, during the pendency of the writ petition, on 28.06.2024. As the right to sue survives, the applicant has sought substitution of the petitioner no. 1 by his legal representative, Smti Ajuli Roy, who is the wife of the petitioner no. 1, Jadav Roy [since deceased].

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The learned counsel for the opposite parties has submitted that they have no objection if the instant application for substitution is allowed.

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Having regard to the fact that right to sue survives for the petitioner no. 1 [since deceased], the substitution of the petitioner no. 1 by the legal representative, Smti. Ajuli Roy, who is the wife of the petitioner no. 1, Jadav Roy [since deceased], is allowed.

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JUDGE

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Comparing Assistant

Smti Ajuli Roy v. the Union of India and Ors.

Case brief

What is this about?

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Smti Ajuli Roy v. the Union of India and Ors.

Case brief

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