Allowed¶24

Sri Jayanta Borooah v. the State of Assam

Gauhati HC5 Feb 2026I.A.(Civil)/4087/2025

Case brief

AI extract

What is this about?

Substitution of legal representatives upon death of a petitioner during pendency of writ petition; impleading of heirs under Order XXII Rule 3 read with Section 151, Code of Civil Procedure, 1908; Gauhati High Court; I.A.(Civil)/4087/2025 in WP(C)/5921/2022; deceased petitioner No.5 Smt. Monjari Borooah; substitutes Shri Obhick Borooah (son) and Smt. Pungja Rani Basumotary (daughter-in-law); no objection by Junior Government Advocate for respondent/opposite party No.2; order dated 06.02.2026 by Justice Robin Phukan; application allowed.

What did the court decide?

Impleading of Shri Obhick Borooah and Smt. Pungja Rani Basumotary in place of deceased petitioner No.5 in WP(C) No.5921/2022. ¶24

Sri Jayanta Borooah Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Page No.# 1/4

GAHC010181882022

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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)/4087/2025 in WP(C)/5921/2022

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SRI JAYANTA BOROOAH SON OF LATE MRIGENDRA NATHBRBOROOAH RESIDENT OF BOROOAH NILAYA HOUSEBRNO. 1 J. N. BOROOAH LANE JORBRPUKHURI GUWAHATI-781001 DISTRICTKAMRUP M ASSAM

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2: RAJ BOROOAH S/O- LT. RABINDRA NATH BOROOAH R/O- C. K. AGARWALLA ROAD AMBARI JOR PUKHURI GHY-01 DIST.- KAMRUP (M) ASSAM 3: RAHUL BOROOAH S/O- LT. RABINDRA NATH BOROOAH R/O- C. K. AGARWALLA ROAD AMBARI JOR PUKHURI GHY-01 DIST.- KAMRUP (M) ASSAM 4: SANKARI BARUA D/O- LT. NIRENDRA NATH BOROOAH R/O- A-1 LAKE VIEW APARTMENT

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Page No.# 2/4

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S.N. BORAH LANE DIGHALIPUKHURI EAST GHY-01 DIST.- KAMRUP (M) ASSAM 5: ON THE DEATH OF MONJARI BOROOAH HIS LEGEL HEIRS 5.1: SRI OBHICK BOROOAH S/O AMLAN JYOTI SAIKIA R/O- BOROOAH NILAYA J.N. BOROOAH LANE GHY-01 DIST.- KAMRUP (M) ASSAM 5.2: SMTI PUNGJA RANI BASUMOTARY W/O LATE AAYUDH BOROOAH R/O- BOROOAH NILAYA J.N. BOROOAH LANE GHY-01 DIST.- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY REVENUE AND DISASTER MANAGEMENTDEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-06 DISTRICTKAMRUP M ASSAM

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2:THE COLLECTOR -CUM- DY. COMMISSIONER KAMRUP (M) GHY-36 DIST.- KAMRUP (M) ASSAM 3:THE CHIEF ENGINEER WATER RESOURCES DEPTT. GOVT. OF ASSAM GNB ROAD CHANDMARI

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GHY-03 DIST.- KAMRUP (M) ASSAM 4:THE CHIEF ENGINEER IRRIGATION DEPTT. GOVT. OF ASSAM GNB ROAD CHANDMARI GHY-03 DIST.- KAMRUP (M) ASSAM 5:THE ASSAM KHADI AND VILLAGE INDUSTRIES BOARD A BODY CORPORATE REP. BY ITS CHAIRMAN GNB ROAD GHY-03 DIST.- KAMRUP (M) ASSAM 6:THE ASSAM POWER DISTRIBUTION COMPANY LTD. REP. BY ITS MANAGING DIRECTOR BIJULEE BHAWAN GHY-01 DIST.- KAMRUP (M) ASSAM -----------Advocate for : MR. A IKBAL Advocate for : GA ASSAM appearing for THE STATE OF ASSAM

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BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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06.02.2026

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Heard Mr. S. Ali, learned counsel for the applicants and also heard Ms. M. Barman, learned Junior Government Advocate, appearing of the respondent/opposite party No.2.

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This interlocutory application under Order XXII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 is preferred by the applicants for substituting the names of

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the heirs and legal representatives of the deceased petitioner No.5, Smt. Monjari Borooah.

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Mr. Ali, learned counsel for the applicants submits that during the pendency of the WP(C) No.5921/2022, the petitioner No.5 Smt. Monjari Borooah suffered demise and as such, there is a requirement of bringing on record the legal representatives of the deceased petitioner No.5.

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Mr. Ali further submits that the petitioner No.5 suffered demise leaving behind one son, namely, Obhick Borooah and daughter-in-law, namely, Smt. Pungja Rani Basumotary and as such, Mr. Ali has contended to allow this application.

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Ms. Barman submits that she has no objection.

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Accordingly, taking note of the submission of learned counsel for both the parties, this interlocutory application stands allowed.

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The names of Shri Obhick Borooah and Smt. Pungja Rani Basumotary be impleaded in place of deceased petitioner No.5 in the WP(C) No.5921/2022.

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Sd/- Robin Phukan JUDGE

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Comparing Assistant

Sri Jayanta Borooah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sri Jayanta Borooah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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