Gauhati High Court
I.A.(Civil)/81/2026 of SMTI. KOYEL DUTTA Vs THE STATE OF NAGALAND AND 5 ORS on 28 May 2026
GAHC020003232026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/81/2026 SMTI. KOYEL DUTTA W/O LATE JOYDIP DUTTA RESIDING AT GOPINATHPUR, ARABINDAPALLI, POLICE STATION, BANKURA, DISTRICT BANKURA, WEST BENGAL - 722101
GAHC020003232026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
PRADESH)
KOHIMA BENCH
Case No. : I.A.(Civil)/81/2026
SMTI. KOYEL DUTTA
W/O LATE JOYDIP DUTTA RESIDING AT GOPINATHPUR, ARABINDAPALLI, POLICE STATION, BANKURA, DISTRICT BANKURA, WEST BENGAL - 722101
VERSUS
THE STATE OF NAGALAND AND 5 ORS
REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NAGALAND, KOHIMA - 797001
2:THE SECRETARY
DEPT. OF FINANCE
GOVT. OF NAGALAND
NAGALAND CIVIL SECRETARIAT
KOHIMA-797001
3:THE DIRECTOR
NAGALAND STATE LOTTERIES
DEPT. OF FINANCE
GOVT. OF NAGALAND
NAGALAND CIVIL SECRETARIAT
KOHIMA-797001
4:THE NODAL OFFICER
KOLKATA CAMP
DIRECTORATE OF NAGALAND STATE LOTTERIES
NAGALAND HOUSE
1ST FLOOR
LA-BLOCK
PLOT NO.6
SALT LAKE
SECTOR 3
KOLKATA-700098
5:THE OFFICER IN CHARGE
CONNECTED TO G.R. C/NO. 149/2023 AND KOHIMA
NORTH P.S. CASE NO.51/23
6:THE INVESTIGATION OFFICER
CONNECTEDTO GR. CASE NO. 149/2023 AND KOHIMA NORTH POLICE
STATION CASE NO. 51/23 KOHIMA NAGALAND-79700
For the Applicant(s) : Mr. Tongpang Jamir, Advocate For the Respondent(s) : Mr. N. Angami, Government Advocate : Mr. Imkong Jamir, Advocate BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 29.05.2026
Heard Mr. Tongpang Jamir, the learned counsel appearing on behalf of the Applicants and Mr. N. Angami, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 2, 5 and 6. I have also heard Mr. Imkong Jamir, the learned counsel appearing on behalf of the Respondent Nos. 3 and 4.
2. The present application has been filed seeking substitution of the legal representatives of the Petitioner who expired on 12.01.2026.
3. This Court duly takes note of the cause of action for which the writ petition being WP(C) No. 135/2025 has been filed and it is the opinion of this Court that the right to sue survives upon the legal representatives of the deceased Petitioner.
4. Accordingly, this Court therefore substitutes the legal representatives of the deceased Petitioner whose names have been mentioned in Paragraph No.4 of the instant application as the Petitioner Nos. 1.1 and 1.2 to the accompanying writ petition.
5. The learned counsel for the Petitioner is directed to file a fresh Memo of Parties before the Registry of this Court within 7 (seven) days and on the basis of the Memo of Parties as well as the instant order, the Registry shall make necessary correction in the cause title as well as update the same in the CIS.
6. This Court also takes note of that the instant application has been filed for two writ petitions which have been tagged together. It is the opinion of this Court that the applicants would be required to file separate application.
7. Be that as it may, as the learned counsel for the Applicants has elected that the instant application shall be qua the writ petition being WP(C) No.135/2025, the instant order shall be only applicable in respect to WP(C) No.135/2025.
8. Before parting with the records, this Court observes that as there was a mistake on the part of the learned counsel in filing one application against two writ petitions, liberty granted to the Applicants to file separate application in respect to WP(C) No.136/2025.
9. The learned counsel submitted that within 7 (seven) days the said application would be filed.
10. I.A. stands disposed of.
Sd/-
JUDGE Comparing Assistant