On the Death of Md. Faizur Rahman His Legal Heirs Are Gulena Begum and 2 Ors. v. the State of Assam and 10 Ors.

Gauhati HC13 Jul 2025MC/276/2016

Case brief

AI extract

What is this about?

Tenancy rights — Assam (Temporarily Settled Areas) Tenancy Act, 1971 — proceeding before ADC (Revenue), Kamrup (M); parallel civil track: Title Suit No. 123/2008 dismissed, landlord's counter claim decreed (judgment and decree dated 04.12.2019, Munsiff No. 2, Kamrup (M)); decree pending in Title Appeal Nos. 8/2020 & 9/2020 before Civil Judge, Kamrup (M); MC/276/2016 in WP(C) 4589/2012 with WP(C) 1888/2017 closed at joint instance of counsel; rights of parties left to be finalized in the civil Suit. Bench: Hon'ble Mr. Justice Arun Dev Choudhury; decision date 14-07-2025.

What did the court decide?

In view of the pending Suit and Appeals, these petitions stand closed. ¶¶52

On the Death of Md. Faizur Rahman His Legal Heirs Are Gulena Begum and 2 Ors. Vs the State of Assam and 10 Ors. — Gauhati HC (2025) — LawSathi Research

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GAHC010137752016

2025:GAU-AS:9033

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

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Case No. : MC/276/2016

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in WP(C) 4589/2012 with WP(C) 1888/2017

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ON THE DEATH OF MD. FAIZUR RAHMAN HIS LEGAL HEIRS ARE GULENA BEGUM and 2 ORS

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W/O LATE MD. FAIZUR RAHMAN

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2: SOHIDOR RAHMAN

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S/O LATE MD. FAIZUR RAHMAN

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3: AHIDUR RAHMAN S/O LATE MD. FAIZUR RAHMAN ALL ARE R/O HEDAYETPUR GUWAHATI CLUB P.O. SILPUKHURI DIST- KAMRUP(M) ASSAM PIN 78100

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VERSUS

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THE STATE OF ASSAM AND 10 ORS

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REP. BY THE SECRETARY TO GOVT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-6.

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2:DEPUTY COMMISSIONER

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KAMRUP(M) PANBAZAR GUWAHATI-781001.

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3:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) KAMRUP(M) IN THE OFFICE OF THE DEPUTY COMMISSIONER KAMRUP(M)

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PANBAZAR

GUWAHATI-781001.

4:SRI NARESWAR UPADHAYA PRESENTLY WORKING AS THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) KAMRUP (M) IN THE OFFICE OF THE DEPUTY COMMISSIONER PANBAZAR GUWAHATI-781001. 5:MD. AYATULLA S/O LT. JAMATULLA VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP (M) ASSAM GUWAHATI-19. 6:MD. MOHIBUL ALI S/O LT. JAMATULLA VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP(M) ASSAM GUWAHATI-19. 7:MRS. FIROJA BEGUM D/O LT. JAMATULLA VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP (M) ASSAM GUWAHATI-19. 8:MD. ABDUL KAYAM ALI S/O MD. AZAD ALI VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP (M) ASSAM GUWAHATI-19. 9:MD. ABDUL MANNAN ALI S/O MD. AZAD ALI VILL- DAKHINGAON P.S. DIPSUR DIST. KAMRUP(M) ASSAM GUWAHATI-19. 10:MRS. ARABI BEGUM D/O MD. AZAD ALI VILL- DAKHINGAON P.S. DISPUR

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DIST. KAMRUP (M) ASSAM GUWAHATI-19. 11:MRS. ARJU BEGUM D/O MD. AZAD ALI VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP (M) ASSAM GUWAHATI-19

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Advocate for the Petitioner : MR. A IKBAL, MR. B C DAS,MR. R BARUAH,MR. S ALI,MR. B BARMAN,MR. M NATH

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Advocate for the Respondent : MR. S SAIKIA, S CHOUDHURY(R-6,7),MR. S K SINGH,G IMTIAZ(R-6,7),MR. A SATTAR(R-6,7),MR. R K BHUYAN,MR A ZAMAN,MR. M KASHYAP,SC, REVENUE,MR. D BORA,MRS. V L SINGH,MS. N KONWAR

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Linked Case : WP(C)/4589/2012

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MD. FAIZUR RAHMAN S/O LT. FAIZULLA SEIKH R/O HEDAYETPUR P.D. CHALIHA ROAD P.O. SILPUKHURI PIN- 781003 DIST. KAMRUP M ASSAM.

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VERSUS THE STATE OF ASSAM AND ORS REP. BY THE SECRETARY TO GOVT OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI-6. 2:DEPUTY COMMISSIONER

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KAMRUP M PANBAZAR GUWAHATI-781001.

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3:THE ADDITIONAL DEPUTY COMMISSIONER REVENUE KAMRUP IN THE OFFICE OF THE DEPUTY COMMISSIONER KAMRUP M PANBAZAR GUWAHATI-781001. 4:SRI NARESWAR UPADHAYA PRESENTLY WORKING AS THE ADDITIONAL DEPUTY COMMISSIONER REVENUE KAMRUP M IN THE OFFICE OF THE DEPUTY COMMISSIONER PANBAZAR GUWAHATI-781001. 5:MD. AYATULLA S/O LT. JAMATULLA VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP M ASSAM GUWAHATI-19. 6:MD. MOHIBUL ALI S/O LT. JAMATULLA VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP ASSAM GUWAHATI-19. 7:MRS. FIROJA BEGUM D/O LT. JAMATULLA VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP M ASSAM GUWAHATI-19. 8:MD. ABDUL KAYAM ALI S/O MD. AZAD ALI VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP M ASSAM GUWAHATI-19. 9:MD. ABDUL MANNAN ALI S/O MD. AZAD ALI VILL- DAKHINGAON P.S. DIPSUR DIST. KAMRUP M ASSAM GUWAHATI-19.

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10:MRS. ARABI BEGUM D/O MD. AZAD ALI VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP M ASSAM GUWAHATI-19. 11:MRS. ARJU BEGUM D/O MD. AZAD ALI VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP M ASSAM GUWAHATI-19. -----------Advocate for : MR.B BARMAN Advocate for : MR.D BORA appearing for THE STATE OF ASSAM AND ORS

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Linked Case : WP(C)/1888/2017 ON THE DEATH OF FAIZUR RAHMAN HIS HEIRS AND LEGAL REPRESENTATIVES GULENA BEGUM and 2 ORS. W/O LT. FAIZUR RAHMAN 2: SOHIDOR RAHMAN S/O LT. FAIZUR RAHMAN 3: AHIDUR RAHMAN S/O LT. FAIZUR RAHMAN ALL ARE RESIDENT OF HEDAYETPUR GUWAHATI CLUB P.O. SILPUKHURI DIST. KAMRUP M ASSAM PIN - 781003 VERSUS THE STATE OF ASSAM and 9 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI -6. 2:THE DEPUTY COMMISSIONER

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KAMRUP M PANBAZAR GUWAHATI - 781001.

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Page No.# 6/8

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3:THE ADDITIONAL DEPUTY COMMISSIONER

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REVENUE KAMRUP M IN THE OFFICE OF THE DEPUTY COMMISSIONER KAMRUP M PANBAZAR GUWAHATI - 781001 4:MD. AYATULLA S/O LT. JAMATULLA VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP M ASSAM GUWAHATI -19

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5:MD. MOHIBUL ALI S/O LT. JMATULLA VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP M ASSAM GUWAHATI-19. 6:MRS. FIROJA BEGUM D/O LT. JAMATULLA VILL- DAKHINGAON P.S. DISPUR DIST. KAMURP M ASSAM GUWAHATI -19.

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7:MD. ABDUL KAYAM ALI S/O MD. AZAD ALI VILL- DAKHINGAON P.S. DISPUR DIST KAMRUP M ASSAM GUWAHATI -19. 8:MD. ABDUL MANNAN ALI S/O MD. AZAD ALI VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP M ASSAM GUWAHATI -19. 9:MRS. ARBI BEGUM D/O MD. AZAD ALI VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP M ASSAM GUWAHATI -19. 10:MRS. ARJU BEGUM

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D/O MD. AZAD ALI VILL- DAKHINGAON P.S. DISPUR DIST. KAMRUP M ASSAM GUWAHATI -19.

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-----------Advocate for : MD.S ALI Advocate for : MD.K ALIR- 4 to 8 appearing for THE STATE OF ASSAM and 9 ORS.

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BEFORE

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HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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14-07-2025

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1. The dispute revolves around the right of tenancy under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 and such proceeding was pending before the learned Additional Deputy Commissioner, Revenue, Kamrup (M) under the scheme of the aforesaid Act.

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2. It is submitted by the parties that in the meantime, a Suit was filed by the tenants for declaration of their rights and in the said Suit, the landlord filed a counter claim. Said Suit was registered as Title Suit No. 123/2008, wherein Suit was dismissed and the counter claim of the landlord was decreed and said judgment and decree dated 04.12.2019 passed by the learned Munsiff No. 2, Kamrup (M), is currently pending in Appeals being Title Appeal Nos. 8/2020 & 9/2020 before the learned Civil Judge, Kamrup (m).

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3. In view of the aforesaid the determination and pendency, the learned counsels for the parties submit that the present petitions may be closed, inasmuch as, the entire dispute raised in these petitions as regards the proceeding under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 shall always be subject to the determination of the Civil Court.

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4. In view of the aforesaid, these petitions stand closed.

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5. It is needless to say that the rights of the parties can be finalized in the Suit proceeding.

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JUDGE

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Comparing Assistant

On the Death of Md. Faizur Rahman His Legal Heirs Are Gulena Begum and 2 Ors. v. the State of Assam and 10 Ors.

Case brief

What is this about?

What did the court decide?

On the Death of Md. Faizur Rahman His Legal Heirs Are Gulena Begum and 2 Ors. v. the State of Assam and 10 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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