Gauhati High Court

WP(C)/1118/2026 of HEM CHANDRA SARMA AND ANR Vs THE UNION OF INDIA AND 6 ORS on 7 June 2026

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GAHC010017782026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1118/2026 HEM CHANDRA SARMA AND ANR SON OF LATE BRAJA NATH SARMA, RESIDENT OF HOUSE NO.263, MALAY NAGAR, PWD CHOWK, NEAR AEC CAMPUS, P.O AND P.S.- JALUKBARI,

GAHC010017782026

undefined

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1118/2026

HEM CHANDRA SARMA AND ANR

SON OF LATE BRAJA NATH SARMA, RESIDENT OF HOUSE NO.263, MALAY

NAGAR, PWD CHOWK, NEAR AEC CAMPUS, P.O AND P.S.- JALUKBARI, GUWAHATI-781013, DISTRICT- KAMRUP (M), ASSAM.

2: DIPANKAR SARMA

SON OF SRI HEM CHANDRA

SARMA

RESIDENT OF HOUSE NO. 263

MALAY NAGAR

PWD CHOWK

NEAR AEC CAMPUS

P.O AND P.S.- JALUKBARI

GUWAHATI- 781013

DISTRICT-KAMRUP (M)

ASSAM

VERSUS

THE UNION OF INDIA AND 6 ORS

REPRESENTED BY SECRETARY, GOVT. OF INDIA, DEPARTMENT OF

SOCIAL JUSTICE AND EMPOWERMENT, SHASTRI BHAWAN, C-WING, DR.

RAJENDRA PRASAD ROAD, NEW DELHI- 110011.

2:THE STATE OF ASSAM

REPRESENTED BY SECRETARY

GOVERNMENT OF ASSAM

DEPARTMENT OF SOCIAL WELFARE DISPUR

GUWAHATI-781006.

3:THE COMMISSIONER AND SECRETARY /PRINCIPAL SECRETARY

HEALTH SERVICES DEPARTMENT

DISPUR

GUWAHATI- 6.

4:THE JOINT DIRECTOR OF DEPARTMENT OF HEALTH SERVICES

OFFICE OF THE JOINT DIRECTOR HEALTH SERVICES

CHATPUKHURI

UZANBAZAR

GUWAHATI

KAMRUP M.

5:ASSAM STATE LEGAL SERVICES AUTHORITY

ADJACENT TO GAUHATI HIGH COURT NEW BUILDING

GUWAHATI- 781001.

6:THE CHAIRMAN

DISTRICT LEVEL COMMITTEE CUM JOINT DIRECTOR

HEALTH SERVICES

CHATPUKHURI

UZANBAZAR

GUWAHATI-01

KAMRUP (M)

ASSAM.

7:PURABI SARMAH

WIFE OF SHRI. DIPANKAR SARMA DAUGHTER OF SACHIN SARMAH

RESIDENT OF PACHARIA

BARHMONTOL

NEAR KALI MANDIR

P.O.- PACHARIA

P.S.- HAJO

PIN- 781104

DISTRICT- KAMRUP (M)

ASSAM

PH. NO.- 9957977320.

8:DISTRICT COMMISSIONER

DISTRICT COMMISSIONER-CUM-CHAIRMAN

LOCAL LEVEL COMMITTEE

LICHUBAGAN

HENGRABARI

GUWAHATI

ASSAM PIN-781036

Advocate for the Petitioner : MR S P DAS, MR. ANGSHUMAN DEKA,MS C BORA,MS. S

BAISHYA

Advocate for the Respondent : DY.S.G.I., MS. S BHUYAN(R7),MS. C SHARMA(R7),SC, HEALTH

AND F W,GA, ASSAM

BEFORE

HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

Date : 08.06.2026

Heard Mr. S. P. Das, learned counsel for the petitioner and Mr. B. J. Talukdar, learned State Counsel for the respondent No. 8. Also heard Ms. S. Sarma, learned Standing Counsel, Health and Family Welfare Department for the respondent Nos. 3, 4 & 6 and Ms. S. Bhuyan, learned counsel for the respondent No. 7. By filing this writ petition, the petitioner has prayed for a direction to appoint the petitioner No. 1, Shri Hem Chandra Sarma, as a limited guardian for his son, i.e. the petitioner No. 2 (Sri Dipankar Sarma), on account of the petitioner No. 2 being in the state of incapacity or disability due to brain stroke/attack and is unable to use his intellect, converse, take just decision and sign various documents. Mr. B. J. Talukdar, learned State Counsel by placing a copy of the certificate dated 21.05.2026 submits that the petitioner No. 1 has already been granted the limited guardianship of the petitioner No. 2. In view of the above, it is submitted at that Bar that the writ petition has become infructuous. Accordingly, this writ petition stands closed as infructuous, as the relief sought for has already been granted by the respondent authority. A copy of the certificate dated 21.05.2026 is hereby marked as Document X.

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