Page No.# 1/8 vs The State Of Assam And 5 Ors
2022 Latest Caselaw 952 Gua

                                                                Page No.# 1/8

GAHC010129042021




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

                         Case No. : I.A.(Civil)/1448/2021

         ON THE DEATH OF SARAT CH. KARMAKAR HIS LEGAL HEIR, PITAR
         HASDA AND ANR
         S/O- LATE SARAT CH. KARMAKAR, R/O, VILL-NO.2 PANBARI, PO-
         GURUFELA, PS- KACHUGAON, DIST- KOKRAJHAR, BTC, ASSAM.

         2: KORNELIUS HASDA
          S/O- LATE SARAT CH. KARMAKAR
          R/O
         VILL-NO.2 PANBARI
          PO- GURUFELA
          PS- KACHUGAON
          DIST- KOKRAJHAR
          BTC
         ASSAM

         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         PERSONAL B DEPTT., DISPUR, GUWAHATI-6

         2:THE SECRETARY TO THE GOVT. OF ASSAM
          RELIEF AND REHABILITATION DEPTT.
          DISPUR
          GUWAHATI-6

         3:BODOLAND TERRITORIAL COUNCIL
          REP. BY ITS CHIEF EXECUTIVE OFFICER
          PO-KOKRAJHAR
          DIST. KOKRAJHAR
          BTC
         ASSAM

         4:THE DEPUTY COMMISSIONER
                                                   Page No.# 2/8

             KOKRAJHAR
             DIST. KOKRAJHAR
             BTC
             ASSAM

            5:THE SUPERINTENDENT OF POLICE
             KOKRAJHAR
             PO- KOKRAJHAR
             DIST. KOKRAJHAR
             BTC
            ASSAM

            6:THE OFFICER IN CHARGE

             GOSSAIGAON POLICE STATION
             PO-GOSAIGAON
             DIST. KOKRAJHAR
             BTC
             ASSA

Advocate for the Petitioner   : MR R DHAR

Advocate for the Respondent : GA, ASSAM




             Linked Case : Review.Pet./161/2018

            SRI ANDRIASH BESRA AND 9 ORS
            S/O LATE CHAHU BESRA
            RESIDENT OF VILLAGE NO 2 PANBARI
            PO GURUFELA
            PS KACHUGAON
            DIST KOKRAJHAR
            BTC
            ASSAM
            783370

            2: SRI SARAT CH. KARMAKAR
            S/O LATE KISTY KARMAKAR
            RESIDENT OF VILLAGE NO 2 PANBARI
             PO GURUFELA
             PS KACHUGAON
             DIST KOKRAJHAR
             BTC
                                    Page No.# 3/8

ASSAM
783370

3: SRI JATIN MURMU
S/O MOTH MURMU
RESIDENT OF VILLAGE NO 2 PANBARI
PO GURUFELA
PS KACHUGAON
DIST KOKRAJHAR
BTC
ASSAM
783370

4: SRI LAKHINDAR KARMAKAR
S/O LATE BUDHINATH KARMAKAR
RESIDENT OF VILLAGE NO 2 PANBARI
PO GURUFELA
PS KACHUGAON
DIST KOKRAJHAR
BTC
ASSAM
783370

5: SRI BUKAL MARDI
S/O LATE BUDHRAI MARDI
RESIDENT OF VILLAGE NO 2 PANBARI
PO GURUFELA
PS KACHUGAON
DIST KOKRAJHAR
BTC
ASSAM
783370

6: SRI ROMESH HASDA
S/O LATE SALHAI HASDA
RESIDENT OF VILLAGE NO 2 PANBARI
PO GURUFELA
PS KACHUGAON
DIST KOKRAJHAR
BTC
ASSAM
783370

7: SRI NIMA KARMAKAR
S/O LATE BOKA KARMAKAR
RESIDENT OF VILLAGE NO 2 PANBARI
PO GURUFELA
PS KACHUGAON
                                                      Page No.# 4/8

DIST KOKRAJHAR
BTC
ASSAM
783370

8: SRI RASIK KARMAKAR
S/O LATE KHAJARI KARMAKAR
RESIDENT OF VILLAGE NO 2 PANBARI
PO GURUFELA
PS KACHUGAON
DIST KOKRAJHAR
BTC
ASSAM
783370

9: SRI DUMA KARMAKAR
S/O LATE KRISHNA KARMAKAR
RESIDENT OF VILLAGE NO 2 PANBARI
PO GURUFELA
PS KACHUGAON
DIST KOKRAJHAR
BTC
ASSAM
783370

10: SRI RAKHAL KARMAKAR
S/O LATE MATHUR KARMAKAR
RESIDENT OF VILLAGE NO 2 PANBARI
PO GURUFELA
PS KACHUGAON
DIST KOKRAJHAR
BTC
ASSAM
783370
VERSUS

THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PERSONAL B DEPTT.
DISPUR
GUWAHATI-6

2:THE SECRETARY TO THE GOVT. OF ASSAM
RELIEF AND REHABILITATION DEPTT.
 DISPUR
 GUWAHATI-6
 3:BODOLAND TERRITORIAL COUNCIL
REP. BY ITS CHIEF EXECUTIVE OFFICER
                                                    Page No.# 5/8

PO-KOKRAJHAR
DIST. KOKRAJHAR
BTC
ASSAM
4:THE DEPUTY COMMISSIONER
KOKRAJHAR
DIST. KOKRAJHAR
BTC
ASSAM
5:THE SUPERINTENDENT OF POLICE
KOKRAJHAR
PO- KOKRAJHAR
DIST. KOKRAJHAR
BTC
ASSAM
6:THE OFFICER IN CHARGE

GOSSAIGAON POLICE STATION
PO-GOSAIGAON
DIST. KOKRAJHAR
BTC
ASSAM
------------
Advocate for : MS D BORGOHAIN
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS



Linked Case : WP(C)/5706/2017

ANDRIASH BESRA and 9 ORS.
S/O LATE CHAHU BESRA

2: SRI SARAT CH. KARMAKAR
S/O LATE KISTY KARMAKAR

3: SRI JATIN MURMU
S/O LATE MOTH MURMU

4: SRI LAKHINDAR KAMAKAR
S/O LATE. BUDHINATH KARMAKAR

5: SRI BUKAL MARDI
S/O LATE BUDHRAI MARDI

6: SRI ROMESH HASDA
S/O LATE SALHAI HASDA
                                                      Page No.# 6/8


7: SRI NIMA KARMAKAR
S/O LATE BOKA KARMAKAR

8: SRI RASIK KARMAKAR
S/O LATE KHAJARI KARMAKAR

9: SRI DUMA KARMAKAR
S/O LATE KRISHNA KARMAKAR

10: SRI RAKHAL KARMAKAR
S/O LATE KRISHNA KARMAKAR
VERSUS

THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PERSONAL B DEPTT.
DISPUR
GUWAHATI-6

2:THE SECRETARY TO THE GOVT. OF ASSAM
RELIEF AND REHABILITATION DEPTT.
 DISPUR
 GUWAHATI-6
 3:BODOLAND TERRITORIAL COUNCIL
REP. BY ITS CHIEF EXECUTIVE OFFICER
 PO-KOKRAJHAR
 DIST. KOKRAJHAR
 BTC
ASSAM
 4:THE DEPUTY COMMISSIONER
KOKRAJHAR
 DIST. KOKRAJHAR
 BTC
ASSAM
 5:THE SUPERINTENDENT OF POLICE
 KOKRAJHAR
PO- KOKRAJHAR
 DIST. KOKRAJHAR
 BTC
ASSAM
 6:THE OFFICER IN CHARGE

GOSSAIGAON POLICE STATION
PO-GOSAIGAON
DIST. KOKRAJHAR
BTC
ASSAM
                                                                        Page No.# 7/8

           ------------
           Advocate for : MS.M SHARMA
           Advocate for : GA
           ASSAM appearing for THE STATE OF ASSAM and 4 ORS.



                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 21-03-2022

Heard Mr. B.C. Muchahary, learned counsel for the applicants; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 1, 4, 5 & 6; Mr. J. Handique, learned Standing Counsel, Revenue Department for the respondent no. 2; and Ms. R.D. Borah, learned Standing Counsel, BTC for the respondent no. 3.

The review petitioners, 10 [ten] in nos., in the connected review petition, Review Pet. no. 161/2018, have sought review of the judgment and order dated 16.05.2018 passed in the writ petition, W.P.[C] no. 5706/2017.

This interlocutory application has been filed by the applicants seeking their substitution in place of the review petitioner no. 2 viz. Sarat Chandra Karmakar on the premise that the applicants are the legal representatives of said Sarat Chandra Karmakar who, during the pendency of the review petition, has expired on 02.09.2020. A death certificate issued by the Registrar [Birth and Death], Gossaigaon RNB Civil Hospital issued on 09.09.2020 recording the death of Sarat Chandra Karmakar on 02.09.2020 has been annexed to the application in support of the fact of death of Sarat Chandra Karmakar.

I have gone through the averments made in the application.

The learned counsel for the respondents have no objection to the prayer Page No.# 8/8

of substitution of the applicants in place of the review petitioner no. 2, Sarat Chandra Karmakar.

Having considered the averments made in the application and on perusal of the death certificate, I am of the considered view that this application seeking substitution of the two applicants as the legal representatives of the review petitioner no. 2 in the connected review petition no. 161/2018 is to be allowed and it is accordingly allowed.

Office to make the necessary correction in the cause-title in the connected review petition, Review Pet. No. 161/2018 and list the connected review petition after 2 [two] weeks on a date to be fixed by the office.

JUDGE

Comparing Assistant