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ON THE DEATH OF BIPUL TUMUNG HIS LEGAL HEIRS ARE ROJONI TERONPI v. THE STATE OF ASSAM

Court: Gauhati High Court

Bench: HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

Judgment date:

Case summary

Gauhati High Court judgment dated 2026-01-04. ON THE DEATH OF BIPUL TUMUNG HIS LEGAL HEIRS ARE ROJONI TERONPI v. THE STATE OF ASSAM. Read the judgment and...

Judgment text

Page No. # 1/4 GAHC010214522025 2026:GAU-AS:95 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I. A. (Civil)/3603/2025 ON THE DEATH OF BIPUL TUMUNG HIS LEGAL HEIRS ARE ROJONI TERONPI VILLAGE- SORIGAON, GANDHINAGAR, TETELIA, P. S. - SONAPUR, SUB- DIVISION, GUWAHATI, DISTRICT- KAMRUP(M), ASSAM 2: 1 B AKHIM TUMUNG S/O- LATE BIPUL TUMUNG VILLAGE- SORIGAON GANDHINAGAR TETELIA P. S. - SONAPUR SUB-DIVISION GUWAHATI DISTRICT- KAMRUP(M) ASSAM 3: 1(C) BARAKHA TUMUNG D/O- LATE BIPUL TUMUNG VILLAGE- SORIGAON GANDHINAGAR TETELIA P. S. - SONAPUR SUB-DIVISION GUWAHATI DISTRICT- KAMRUP(M) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOME AFFAIRS, DISPUR, GUWAHATI-6. 2:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEAD QUARTERS Page No. # 2/4 ULUBARI GUWAHATI-07 ASSAM. 3:THE INSPECTOR GENERAL OF POLICE (ADMINISTRATION) ASSAM POLICE HEAD QUARTER ULUBARI GUWAHATI-07 ASSAM.

4:THE ASSISTANT INSPECTOR GENERAL OF POLICE (ADMINISTRATION) ASSAM POLICE HEAD QUARTER ULUBARI GUWAHATI-07 ASSAM. 5:THE DEPUTY INSPECTOR GENERAL OF POLICE LOWER ASSAM ZONE NALBARI HAJUGA GUWAHATI ROAD BIDYAPUR NALBARI-781335. 6:THE SUPERINTENDENT OF POLICE NALBARI N. H. -31 BALIKURIA MILANPUR ASSAM. PIN-781341 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 05-01-2026 Heard Mr. S. K. Goswami, learned counsel for the applicant. Also heard Mr. R. Dhar, learned Addl. Sr. Govt. Advocate, Assam appearing for the respondents. Page No. # 3/4 The connected writ petition being W. P. (C) No. 2557/2025 was instituted by Bipul Tumung. However, during the pendency of the said writ petition, Bipul Tuming had passed away on 18-08-2025.

Accordingly, his legal heirs have instituted the present interlocutory application praying for their substitution in place of the original petitioner Bipul Tumung. I have perused the contention raised in the present interlocutory application and also heard the learned counsel for the applicant. On an examination of the matter this Court finds that the original petitioner although has passed away, cause of action survives and accordingly, the proceeding would be permissible to be taken forward by the legal heirs of the original petitioner. Accordingly, the applicants are permitted to substitute themselves as petitioners in place of Bipul Tumung in the following manner: On the death of Bipul Tumung his legal heirs are 1(a) Rojoni Teronpi Aged about 43 years w/o Late Bipul Tumung 1(b) Akhim Tumung Aged about 19 years, S/o Late Bipul Tumung 1(c) Barakha Tumung Aged about 17 years D/o Late Bipul Tumung Petitioner No. 1(c) being minor, represented by her mother petitioner No.

1(a) All are resident of Page No. # 4/4 Village Sorigaon, Gandhinagar, Tetelia, P. S. Sonapur Sub-Division Guwahati District- Kamrup (M), Assam. With the above observations and directions, the present interlocutory application stands disposed of. JUDGE Comparing Assistant

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