Dismissed¶76

Jahirul Islam and 44 Ors. v. the State of Assam and 11 Ors.

Gauhati HC4 Sept 2025WP(C)/3562/2024

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/3562/2024; Sanjay Kumar Medhi, J.; Article 226 Constitution of India; writ jurisdiction; disputed questions of fact; one-time relief benefit Rs. 95,000; storm and cyclone relief 2022; misuse of relief scheme; Lot Mondal and Gaonburah inquiry; RTI Act; Nagaon; Dhing; Kandulimari; State of Assam; dismissal of writ petition; liberty to approach Civil Court.

What did the court decide?

No substantive relief granted; the writ petition was dismissed, with the petitioners left at liberty to approach the appropriate Civil Court for redressal of any existing grievance in accordance with law. ¶76

Jahirul Islam and 44 Ors. Vs the State of Assam and… — Writ and Judicial Review | Gauhati HC (2025)

What the court decided

AI extract

Outcome

¶76

Issue for consideration

Whether the onetime relief benefit of Rs. 95,000/- ought to be released in favour of the petitioners in respect of their houses destroyed in the 2022 storm and cyclone. +2 more

¶64

Court's answer

Upon dismissing the writ petition, the petitioners are left at liberty to approach the appropriate Civil Court for redressal of any existing grievance in accordance with law.

¶78

Ratio / Principle

The present claim is structured on disputed questions of fact which the official respondents dispute; the issue falls within the realm of disputed questions of facts which the Court, in exercise of its writ jurisdiction under Article 226 of the Constitution of India, may not be able to determine as the same would require adducing of evidence.

¶75

Key takeaways

Although the allegations of receiving relief were made against private respondent nos. 7 to 12, it transpires from the materials that only respondent nos. 9 and 12 actually received the reliefs, demonstrating the disputed nature of the facts.ratio¶75

Detailed headnote1 paragraphs

Gauhati High Court (Sanjay Kumar Medhi, J.), order dated 05.09.2025 in WP(C)/3562/2024 - Jahirul Islam and 44 others v. The State of Assam and 11 others: Writ petition seeking release of the onetime relief benefit of Rs. 95,000/- for houses destroyed in the 2022 storm and cyclone at No. 1 Kandulimari Village, Nagaon, dismissed. The Court found the claim structured on disputed questions of fact (allegations against private respondent nos. 7 to 12 although only nos. 9 and 12 received relief) which cannot be determined in exercise of writ jurisdiction under Article 226 of the Constitution of India as that would require adducing of evidence; the petitioners were left at liberty to seek redressal before the appropriate Civil Court.

Page No.# 1/12

GAHC010131452024

undefined

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

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Case No. : WP(C)/3562/2024

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JAHIRUL ISLAM AND 44 ORS

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S/O-LT. JAYNAL UDDIN, R/O- VILL. NO 1 KANDULIMARI, P.O.KANDULIMARI, P.S-DHING, DIST-NAGAON (ASSAM). PIN-782123

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2: FULESHA KHATUN W/O-ABDUL BAREK R/O- VILL. NO1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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3: MASHUDA BEGUM W/O-WAHED ALI R/O- VILL. NO1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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4: FAIJUL ISLAM S/O-ABDUL RAHIM R/O- VILL. NO1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON(ASSAM). PIN-782123

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5: MALEKA KHATUN W/O-ABDUL RAHIM R/O- VILL. NO1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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6: MD. JAMAL HUSSAIN

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S/O-ABDUL HAMID R/O- VILL. NO.1 KANDULIMARI

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Page No.# 2/12

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P.O.-KANDULIMARI P.S-DHING DIST-NAGAON(ASSAM). PIN-782123

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7: SAFIYA KHATUN W/O-BASIR UDDIN R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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8: GOLAP JAN W/O-ASKAR ALI R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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9: KHUDEJA KHATUN W/O-NABI HUSSAIN R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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10: PINKIMA KHATUN W/O-ASHRAB ALI R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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11: HEKMAT ALI S/O-KASUM ALI R/O- VILL. NO1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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12: ABDUL KADDUS S/O-MUNTAJ ALI R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 13: NUR MAHAMMAD S/O-LT. ABDUL GANI

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Page No.# 3/12

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R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 14: HABIJA KHATUN W/O-JAMSED ALI R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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15: FIRUJA KHATUN W/O-ABDUL KHALEK R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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16: SAHERA BANU W/O-AMIR UDDIN R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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17: MAJINA KHATUN W/O-LT. A. REJAK R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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18: ABDUL SATTAR S/O-RAJAB ALI R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 19: HABIJUL HOQUE S/O-RAJAB ALI R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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20: MUSSA JAHERA KHATUN

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Page No.# 4/12

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W/O-KACHEM ALI R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 21: NUR JAHAN W/O-SAFIQUL ISLAM R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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22: SIRAJUL ISLAM S/O-ABDUL GAFUR R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 23: CHAMSUN NEHAR W/O-ABDUL JALIL R/O- VILL. DOBAT PARA KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 24: INSAN ALI S/O-UMED ALI R/O- VILL. CHARPARA-KANDULIMARI NO.1 P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 25: ISRAFIL HUSSAIN S/O-ABDUL GAFUR R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 26: MAMTAZ BEGUM W/O-MOJIBUR ISLAM R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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Page No.# 5/12

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27: MANNAS ALI S/O-ASMAT ALI R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 28: MISS RUKSANA KHATUN W/O-AJIBUR RAHMAN R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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29: ABDUL LATIF S/O-RAJAB ALI R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 30: ACHMINA KHATUN W/O-CHAFIKUL ISLAM R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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31: TAIJUL HOQUE S/O-ABDUL HUSSAIN R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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32: ABDUL HASEN S/O-SABED ALI R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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33: NUR JAMAL S/O-LT. FAIJUDDIN R/O- VILL. NO1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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Page No.# 6/12

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34: REHENA KHATUN W/O-ABUL KALAM R/O- VILL. NO1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON(ASSAM). PIN-782123 35: HABIJA KHATUN W/O-LT. NABI HUSSAIN R/O- VILL. NO1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON(ASSAM). PIN-782123 36: AYESA KHATUN W/O-ABDUL MOTALEB R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON(ASSAM). PIN-782123 37: MANNAS ALI S/O-SABDUL SHEIKH R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON(ASSAM). PIN-782123 38: MRS. FARJINA KHATUN W/O-AMJAT ALI R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON(ASSAM). PIN-782123

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39: KALAMA KHATUN W/O-BARDUL ISLAM R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 40: NURJAHAN BEGUM W/O-SAIDUL ISLAM R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 41: RUKIJA KHATUN W/O-IMAN ALI R/O- VILL. NO.1 KANDULIMARI

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Page No.# 7/12

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P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 42: JAMILA KHATUN W/O-SALAM UDDIN R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 43: AMENA KHATUN D/O-KITAB ALI R/O- VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123 44: NUR MOHAMMAD ALI S/O-KUDDUS ALI R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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45: AKLIMA KHATUN W/O-SURUJ MIYA R/O- VILL. NO.1 KANDULIMARI P.O.-KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-78212

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VERSUS

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THE STATE OF ASSAM AND 11 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-06

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-06 3:THE DEPUTY COMMISSIONER NAGAON ASSAM.

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Page No.# 8/12

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4:THE SUPERINTENDENT OF POLICE NAGAON ASSAM 5:THE CIRCLE OFFICER DHING REVENUE CIRCLE DHING NAGAON ASSAM.

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6:THE LAT MANDAL OF VILLAGE NO.1 KANDULIMARI UNDER DHING REVENUE CIRCLE DHING NAGAON ASSAM. PIN-782123

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7:MD. ABDUL AWAL S/O- DARBESH ALI HOUSE NO.258 VILL. NO.2 BILATIYA P.O. AND P.S.-DHING DIST.- NAGAON ASSAM.PIN-782123

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8:ABDUL MANNAF S/O- LATE ABDUL MAJIT VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123.

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9:IMRAN HUSSAIN S/O.- ABDUL MANNAF VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST.-NAGAON (ASSAM). PIN-782123.

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10:MONIRUL ISLAM S/O.- ABDUL MANNAF VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123.

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11:BAHARUL ISLAM S/O- HABIBUR RAHMAN

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Page No.# 9/12

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VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123. 12:SHARIF ANSARI S/O-BAHARUL ISLAM VILL. NO.1 KANDULIMARI P.O.- KANDULIMARI P.S-DHING DIST-NAGAON (ASSAM). PIN-782123

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Advocate for the Petitioner : MR. KHAIRUL ISLAM,

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Advocate for the Respondent : GA, ASSAM, MR. H SARMAH,MR. S R BARBHUIYA (R-8),MR K UDDIN(R-11),MR. A K AZAD(R-11,8,7),MR. N HAQUE (R-11,7,8),MR M HUSSAIN(R9,10,12,7),MR. A K AZAD (R-9,10,12),MR K UDDIN(R-9,10,12),MR. N HAQUE(R-9,10,12),SC, REVENUE,SC, FINANCE DEPTT.

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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05.09.2025

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Heard Shri K Islam, learned counsel for the petitioners. Also heard Ms. PR Mahanta, learned Standing Counsel, Revenue Department, Assam; Shri H Sharma, learned Addl. Sr. Government Advocate, Assam and Shri B Gogoi, learned Standing Counsel, Finance Department, Assam. Shri AK Azad, learned counsel is present for the private respondent nos. 7 to 12.

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2. The instant writ petition has been instituted with the following prayer:

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“Under the facts and circumstances it is therefore prayed that Your Lordship may admit this petition, call for the records, issue notice to the respondents to show cause as to why the onetime benefit of Rs.95,000/- should not be released in favour of the petitioners and after enquiry if necessary Yours

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Lordship may be pleased to direct the respondents particularly respondent No.2 to disverse/release the onetime benefit of Rs.95,000/- in favour of the petitioners and/or pass any other order/orders as your Lordship may deem fit and proper. ”

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3. It is the case of the petitioners that they are the villagers of No. 1 Kandulimari Village in the district of Nagaon and living in kutcha houses. In the year 2022, their houses were destroyed due to heavy storm and cyclone and thereafter they had applied for relief from the Government. It is the allegation of the petitioners that an inquiry was conducted by certain officials, including the Lot Mondal and Gaonburah and the actual parties who had suffered the loss were deprived of and rather, family members of those officials who had conducted the inquiry, in spite of having RCC houses, were given the benefits. Specific instance has been made that 10 persons in the family of Ex-Gaonburah and son of a school teacher were also given the benefits and such information was obtained by the petitioners under the RTI Act. The petitioners also alleged that they were threatened by the private respondents. The representation of the petitioners before the District Commissioner was also not acted upon.

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4. Shri Islam, learned counsel for the petitioners has submitted that they are the actual sufferers and are entitled to the relief amount which was given by the Government and there has been misuse of the said Scheme.

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5. Per contra, Shri H Sharma, learned State Counsel has submitted that a detail inquiry was made and it is only the actual persons who had suffered damaged were given the benefits of the relief. He has submitted that though in the present petition allegations have been made against the private respondent nos.7 to 12 of receiving the relief amount, it is only the respondent nos. 9 and 12 who have actually got the

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Page No.# 11/12

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relief.

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6. It is submitted on behalf of the official respondents that there is no partiality or unfair means in the disbursement of the fund under the Scheme which has been done on an assessment of the ground reality. It is also submitted that out of the 45 nos. of petitioners, petitioner nos. 23 and 44 have actually got the relief and this fact has not been brought to the notice of this Court in the subsequent affidavit filed.

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7. Shri Azad, learned counsel for the respondent nos. 7 to 12 has submitted that the writ petition has been instituted without any bona fides and only to have wrongful gain with regard to the scheme for grant of relief.

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8. Shri Islam, learned counsel for the petitioners has, in his rejoinder submitted that it is a fact that the names of the petitioner nos. 23 and 44 have been enlisted in the list of beneficiaries but they have not yet got the relief in actual terms.

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9. On a perusal of the materials available before this Court, including the respective pleadings, it is found that the present claim is structured on the questions of facts which are disputed by the official respondents. It also transpires that though the allegations were made against the respondent nos. 7 to 12 by alleging that they have received the relief, it is only the respondent nos. 9 and 12 who have received the reliefs. It, therefore, clearly appears that the issue is within the realm of disputed questions of facts which, this Court, in exercise of its writ jurisdiction under Article 226 of the Constitution of India may not be able to determine as the same would require adducing of evidence.

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10. In view of the above, this writ petition is dismissed.

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11. The petitioners would, however be at liberty to approach the appropriate Civil Court for redressal of any existing grievance in accordance with law.

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JUDGE

¶80

Comparing Assistant

Jahirul Islam and 44 Ors. v. the State of Assam and 11 Ors.

Case brief

What is this about?

What did the court decide?

Jahirul Islam and 44 Ors. v. the State of Assam and 11 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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