Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

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

Home
Gauhati HC
2026
Habibar Rahman and Ors. Vs the State of AssamHabibar Rahman and Ors. v. the State of Assam

Disposed¶¶49

Habibar Rahman and Ors. v. the State of Assam

Gauhati HC12 Jul 2026I.A.(Civil)/2119/2026

Case brief

AI extract

What is this about?

I.A.(Civil)/2119/2026, Gauhati High Court, order dated 13.07.2026 by Justice Anjan Moni Kalita. Applicants: Habibar Rahman and others (Kathaldi/Kajaikata/Nayer Alga villages, Bilasipara, Dhubri, Assam). Respondents: State of Assam (Revenue Department, Dispur), Deputy Commissioner Dhubri, SDO Bilasipara, Circle Officer Revenue Bilasipara. Subject: correction of the order dated 26.05.2026 in WP(C) No. 6477/2022, which had dismissed the matter on withdrawal without liberty to file afresh owing to counsel's failure to seek such liberty; State (via J Handique, Government Advocate/Standing Counsel, Revenue) raised no objection. Court added the words "with liberty to file afresh, if so advised" to that order's last line and disposed of the IA. Advocates for applicants: N H Mazarbhuiyan, N Hazarika, N Brahma, R I Bhuyan, L Wajeeda, M H Saikia (body refers to I H Mazarbhuyan). No statutes or precedents cited; no monetary quantum involved.

What did the court decide?

Correction of the order dated 26.05.2026 in WP(C) No. 6477/2022 effected: the words "with liberty to file afresh, if so advised" added to its last line, enabling the applicant to file a fresh writ petition, if so advised; the IA disposed of in terms of these directions. ¶¶49

Why is it important?

The Court directed that, in the order dated 26.05.2026, in the last line, the words "with liberty to file afresh, if so advised" be added (source prints the date therein as "26.05.226"); the Standing Counsel for the Revenue Department had raised no objection to the prayer. ¶¶47

What the court decided

AI extract

Outcome

Correction of the order dated 26.05.2026 in WP(C) No. 6477/2022 effected: the words "with liberty to file afresh, if so advised" added to its last line, enabling the applicant to file a fresh writ petition, if so advised; the IA disposed of in terms of these directions.

Issue for consideration

Whether the order dated 26.05.2026 in WP(C) No. 6477/2022 should be corrected by adding liberty to file afresh, given that the applicant's counsel had failed to seek such liberty while withdrawing the writ petition on 26.05.2026.

Court's answer

The Court directed that, in the order dated 26.05.2026, in the last line, the words "with liberty to file afresh, if so advised" be added (source prints the date therein as "26.05.226"); the Standing Counsel for the Revenue Department had raised no objection to the prayer.

Ratio / Principle

The last line of the order dated 26.05.2026 stands modified to read: "Accordingly, the matter is dismissed on withdrawal, with a liberty to file afresh, if so advised."

Detailed headnote1 paragraphs

Gauhati High Court (Anjan Moni Kalita, J.), order dated 13.07.2026 in I.A.(Civil)/2119/2026: Habibar Rahman and others applied for correction of the order dated 26.05.2026 in WP(C) No. 6477/2022, wherein their writ petition had been dismissed on withdrawal without liberty to file afresh — the omission being attributed to the inadvertence of the counsel who appeared on 26.05.2026. The learned Standing Counsel for the Revenue Department raised no objection to the prayer. The Court directed that, in the last line of the order dated 26.05.2026, the words "with liberty to file afresh, if so advised" be added, modifying that last line to: "Accordingly, the matter is dismissed on withdrawal, with a liberty to file afresh, if so advised." In terms of these directions, the IA was disposed of.

A

Page No.# 1/5

GAHC010126702026

2026:GAU-AS:9532

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

Case No. : I.A.(Civil)/2119/2026

HABIBAR RAHMAN and ORS S/O- LT. SAMTULLA SHAKEIKH, VILL- KATHALDI PART-II, P.OBILASIPARA, DIST- DHUBRI, ASSAM, PIN-783348.

2: SANOWAR HUSSAIN S/O- LT. SAMTULLA SHEIKH VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348

3: ANOWAR HUSSAIN S/O- LT. SAMTULLA SHEIKH VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN- 783348.

4: JAMILA KHATUN W/O- ANOWAR HUSSAIN MONDOL VILLKAJAIKATA PART-III P.O- BILASIPARA DISTDHUBRI ASSAM PIN- 783348.

5: AMIRUDDIN SHEIKH S/O-LT. JALALUDDIN VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI

Page No.# 2/5

ASSAM PIN783348.

6: ASHAD ALI S/O- LT. WAHIDUL ISLAM VILL- KATHALDI PART-II P.O- BILASIPA DIST- DHUBRI ASSAM PIN-783348.

7: NOWSAD ALI S/O- LT. WAHIDUL ISLAM VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN- 783348.

8: ASRAF ALI

S/O- LT. WAHIDUR ISLAM VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348.

9: ABDUL WAHAB S/O- LT AHIDUL ISLAM VILL- KATHALDI PART-I P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348.

10: SOLEMAN ALI

S/O- LT. JALAL UDDIN VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348.

11: AHAMMAD ALI

S/O-LT. JALAL UDDIN VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI

Page No.# 3/5

ASSAM PIN- 783348.

12: JAMELA BIBI W/O- LT. KURMAN ALI VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348. 13: AMINA BIBI W/O- LT. SUJAL UDDIN VILL- KATHALDI PART-I P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348. 14: HABEJ UDDIN S/O-LT. ASKAR ALI VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348.

15: MORIOM BIBI W/O- LT. BADSHA MUCHALI VILL- KAJAIKATA PART- V P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348.

16: MOFIDA BEGUM W/O-LT. BURHAN ALI VILL- 275 NAYER ALGA PART- II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348. 17: SURATJAMAL S/O- LT. NAJIR UDDIN VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348.

18: CHAHAJAMAL

Page No.# 4/5

S/O- LT. NAJIR UDDIN VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348.

19: NUR ISLAM SHEIKH S/O- LT. NAJIR UDDIN VILL- KATHALDI PART-II P.O- BILASIPARA DIST- DHUBRI ASSAM PIN- 783348

VERSUS

THE STATE OF ASSAM

TO BE REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT DISPUR, GUWAHATI781006.

2:DEPUTY COMMISSIONER DHUBRI PIN783301

3:SUB DIVISIONAL OFFICER BILASIPARA PIN783348. 4:CIRCLE OFFICER REVENUE BILASIPARA PIN78334

Advocate for the Petitioner : MR. N H MAZARBHUIYAN, N HAZARIKA,N BRAHMA,MR R I BHUYAN,MS. L WAJEEDA,MR. M H SAIKIA

Advocate for the Respondent : SC, REVENUE, SC. REVENUE

BEFORE

HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER

13.07.2026

Heard Mr I H Mazarbhuyan, learned counsel appearing for the applicant. Also heard

Page No.# 5/5

Mr J Handique, learned Government Advocate as well as Standing Counsel for the Revenue Department.

The instant application has been filed for correcting a small error that has occurred in the order dated 26.05.2026, due to the inadvertent error committed by the counsel appearing for the applicant. The learned counsel appearing for the applicant submits that the learned counsel while appearing on 26.05.2026, in WP(C) No. 6477/2022, failed to

seek liberty from this Court for filing the case afresh while withdrawing the aforesaid WP(C) No. 6477/2022. Therefore, he prays that the order should be accordingly corrected by giving liberty to the petitioner to file a writ petition again, if so advised.

Mr J Handique, the learned Standing Counsel for the Revenue Department, does not have any objection to such prayer.

Accordingly, it is directed that in the order dated 26.05.226, in the last line, the words-“with liberty to file afresh, if so advised”, should be added. Therefore, the last line of the order dated 26.05.2026, is modified to the following extent:- Accordingly, the

matter is dismissed on withdrawal, with a liberty to file afresh, if so advised.

In terms of the above directions, the IA is disposed of.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order dated 26.05.2026 in WP(C) No. 6477/2022 should be corrected by adding liberty to file afresh, given that the applicant's counsel had failed to seek such liberty while withdrawing the writ petition on 26.05.2026.¶¶45
The court held
The Court directed that, in the order dated 26.05.2026, in the last line, the words "with liberty to file afresh, if so advised" be added (source prints the date therein as "26.05.226"); the Standing Counsel for the Revenue Department had raised no objection to the prayer.ratio¶¶47

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 26.05.2026 in WP(C) No. 6477/2022, by which the matter was dismissed on withdrawal without liberty to file afresh; the applicant sought correction of its last line by addition of the words "with liberty to file afresh, if so advised".¶¶44
Gauhati High Court · 26.05.2026
Prior proceeding
In WP(C) No. 6477/2022, the applicant's counsel withdrew the writ petition on 26.05.2026 without seeking liberty to file afresh, whereupon the matter stood dismissed on withdrawal.¶¶45

Parties & counsel

AI extract

applicant
HABIBAR RAHMAN and ORS¶¶6
MR. N H MAZARBHUIYAN, N HAZARIKA, N BRAHMA, MR R I BHUYAN, MS. L WAJEEDA, MR. M H SAIKIA, I H MAZARBHUIYAN
respondent
THE STATE OF ASSAM (represented by Commissioner and Secretary to the Govt. of Assam, Revenue Department, Dispur)¶¶32
J HANDIQUE
respondent
DEPUTY COMMISSIONER DHUBRI¶¶34
respondent
SUB DIVISIONAL OFFICER BILASIPARA¶¶35
respondent
CIRCLE OFFICER REVENUE BILASIPARA¶¶35

Coram

AI extract

Anjan Moni Kalitaauthor¶¶39

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 12 Jul 2026 · July
Registered: 19 Jun 2026
Case no.: I.A.(Civil)/2119/2026
CNR: GAHC010126702026
Bench: Anjan Moni Kalita
Disposal: Disposed Of
Case type: I.A.(Civil)

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Anjan Moni Kalita

Akramin Ali and Anr. Vs the State of Assam
29 Jun 2026
Amal Saikia Vs the State of Assam
29 Jun 2026
Sri Raja Saha Alias Akash Vs the State of Assam
29 Jun 2026
Utpal Biswas Vs the State of Assam and Anr.
12 Jul 2026
Amir Hussain Mondol Alias Amir Mondol Vs the State of Assam
12 Jul 2026
Shri Dipak Kumar Bora Vs the State of Assam and Anr.
12 Jul 2026

Cite this judgement

Habibar Rahman and Ors. v. the State of Assam, I.A.(Civil)/2119/2026 (GAU), decided on 12 July 2026.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history2

Order dated 26.05.2026 in WP(C) No. 6477/2022, by which the matter was dismissed on withdrawal without liberty to file afresh; the applicant sought correction of its last line by addition of the words "with liberty to file afresh, if so advised".Gauhati High Court · 26.05.2026
In WP(C) No. 6477/2022, the applicant's counsel withdrew the writ petition on 26.05.2026 without seeking liberty to file afresh, whereupon the matter stood dismissed on withdrawal.

View full history

Bench / Coram

Anjan Moni Kalita

Parties & counsel