Allowed¶33

MD Rafiquddin and Ors. v. the State of Assam and Ors.

Gauhati HC3 Jun 2026I.A.(Civil)/1562/2026

Case brief

AI extract

What is this about?

Substitution of deceased petitioner; legal heirs brought on record; abatement avoided; cause of action survives; WP(C) 6616/2016; I.A.(Civil)/1562/2026; Gauhati High Court; order dated 04.06.2026; Justice Kardak Ete; Kutub Ali @ Fazir Ali (died 01.11.2017); Piyara Begum; Kasim Ali; Md. Niyaz Uddin; Md. Sabir Ahmed; Md Rafiquddin and Ors; State of Assam; Deputy Commissioner Hojai; Circle Officer Hojai Revenue Circle; Mouza Hojai, Dist. Nagaon, Assam; revenue matter; A.A. Dewan; SC Revenue.

What did the court decide?

Substitution of applicants Piyara Begum, Kasim Ali, Md. Niyaz Uddin and Md. Sabir Ahmed in place of deceased petitioner No.6 in WP(C) 6616/2016; I.A. allowed and disposed of. ¶33

MD Rafiquddin and Ors. Vs the State of Assam and Ors. — Gauhati HC (2026) — LawSathi Research

Page No.# 1/3

GAHC010230742016

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

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I.A.(Civil)/1562/2026

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MD RAFIQUDDIN AND ORS S/O. LT. DEVANATH ULLAH

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2: MUSTT. SARUTUN NESSA S/O. LT. HABIB ALI

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3: MD. AFTABUDDIN ALI

S/O. LT. AYUB ALI

4: MD. AKADDAS ALI

S/O. LT. ARAB ALI

5: MAINUDDIN @ MAJIBAR RAHMAN S/O. MD. MAJUR ALI

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6: ON THE DEATH OF KUTUB ALI @ FAZIR ALI HIS LEGAL HEIRS

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6.1: PIYARA BEGUM

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W/O LATE KUTUB ALI @ FAZIR ALI

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6.2: KASIM ALI

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S/O LATE KUTUB ALI @ FAZIR ALI

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6.3: MD. NIYAZ UDDIN S/O LATE KUTUB ALI @ FAZIR ALI

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6.4: MD. SABIR AHMED

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Page No.# 2/3

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S/O LATE KUTUB ALI @ FAZIR ALI

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7: MD. SAMSUL HOQUE S/O. ABDUL KADIR 8: SALIM HUSSIN NOTICE SENT AFTABUDDIN S/O. LT. TANJID ALI 9: MUBARAK ALI (NOTICE TO KUTUB ALI) S/O. LT HAJI SHAKIR ALI CHOUDHURY 10: JALALUDDIN S/O. LT. SARAFUTULLA NOTICE TO SARAFUTULLAH ALL ARE OF VILL. PACHIM DHANI RAM PATHAR MOUZA-HOJAI P.S. HOJAI DIST. NAGAON ASSAM. VERSUS THE STATE OF ASSAM AND ORS REP. BY COMM. and SECY. TO THE GOVT. OF ASSAM REVENUE DEPTT. DISPUR GHY.-06. 2:THE DY. COMMISSIONER HOJAI. 3:THE ADDL. DEPUTY COMMISSIONER HOJAI CUM S.D.O. C. 4:THE CIRCLE OFFICER HOJAI REVENUE CIRCLE HOJAI. -----------Advocate for : MR A A DEWAN Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND ORS

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Page No.# 3/3

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 04.06.2026

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Heard Mr. A.A. Dewan, learned counsel for the applicant.

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This application has been filed praying for substitution of petitioner No.6 in WP(C) 6616/2016 as the petitioner No.6 had expired during the pendency of the writ petition.

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The applicants are the legal heirs of late Kutub Ali @ Fazir Ali who had expired on 01.11.2017.

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The applicants claim that the cause of action still survives in favour of them, who are the legal heirs of deceased petitioner No.6 and therefore, submits that the applicants may be allowed to substitute the deceased petitioner No.6.

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Having considered that the applicants are the legal heirs of late Kutub Ali @ Fazir Ali, who was the petitioner No.6 in the connected writ petition and as the cause of action appears to be still survives, I deem it appropriate to allow this application.

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Accordingly, the applicants namely, a) Piyara Begum, b) Kasim Ali c) Md. Niyaz Uddin and d) Md. Sabir Ahmed are allowed to be substituted with the deceased petitioner No.6 in the connected writ petition.

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I.A. stands allowed and disposed of.

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JUDGE

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Comparing Assistant

MD Rafiquddin and Ors. v. the State of Assam and Ors.

Case brief

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What did the court decide?

MD Rafiquddin and Ors. v. the State of Assam and Ors.

Case brief

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What did the court decide?

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What the court decided

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