Gauhati High Court

I.A.(Civil)/2219/2026 of SMTI AJULI ROY Vs THE UNION OF INDIA AND ORS on 12 July 2026

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GAHC010097222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2219/2026 SMTI AJULI ROY W/O LATE JADAV RAY, RESIDENT OF VILLAGE GOSSAIGAON, PO SOUTH BIJNI, PS MANIKPUR, DIST BONGAIGAON, ASSAM 783390 VERSUS THE UNION OF

GAHC010097222025

undefined

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/2219/2026

SMTI AJULI ROY

W/O LATE JADAV RAY,

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

VERSUS

THE UNION OF INDIA AND ORS

REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT

AND HIGHWAY, B-586, SECTOR 10, DWARKA NEW DELHI, PIN-110075

2:STATE OF ASSAM

THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM

REVENUE (SETTLEMENT) DEPARTMENT

DISPUR

GUWAHATI

ASSAM

PIN-781005

3:DEPUTY COMMISSIONER

BONGAIGAON

P.O. AND DIST-BONGAIGAON

ASSAM

PIN-783380

4:NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI)

(MINISTRY OF ROAD TRANSPORT AND HIGHWAY)

B-586

SECTOR 10

DWARKA NEW DELHI

PIN-110075

5:COMPETENT AUTHORITY

LAND ACQUISITION (CALA)

THROUGH THE DEPUTY COMMISSIONER

BONGAIGAON

P.O. AND DIST- BONGAIGAON

ASSAM

PIN-783380

6:PROJECT DIRECTOR

NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI)

BONGAIGAON

P.O. AND DIST-BONGAIGAON

ASSAM

PIN-783380

7:THE CIRCLE OFFICER

MANIKPUR REVENUE CIRCLE

DIST-BONGAIGAON

ASSAM

PIN-78339

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

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

HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

Date : 13-07-2026 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.

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

no. 187/2023.

3. 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].

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

5. 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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