The Gauhati High Court dismissed writ petitions filed by landless tenancy families. Finding no live issue as eviction was completed and noting the petitioners' default, the court closed the old pending matters without adjudication.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010125132014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3081/2014
ON THE DEATH OF MANIK UDDIN AHMED @ MANIK UDDIN HIS LEGAL HEIRS 1. JAHANARA BEGUM, WIFE OF LATE MANIK UDDIN AHMED@MANIKUDDIN.
ALL ARE RESIDENTS OF VILL- TAPABARI, P.S.-HAJO, DIST- KAMRUP, ASSAM, PIN-781102.
2: AHMED ALI S/O- LT. HURMUZ ALI VILL.- NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S.- HAJO DIST.- KAMRUP R ASSAM.
3: RAFIQUE ALI S/O- WAHED ALI VILL.- NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S.- HAJO DIST.- KAMRUP R ASSAM.
4: FARMAN ALI S/O- LT. RAHMAN ALI @ RAHMAN VILL. NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S.- HAJO DIST.- KAMRUP R ASSAM.
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5: RAHAM ALI @ RAHAM SARDAR S/O- JABBAR @ AHMED VILL.- NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S.- HAJO DIST.- KAMRUP R ASSAM. 6: MINHAZ ALI S/O- LT. SABED ALI @ DARU MIYA VILL.- NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S.- HAJO DIST.- KAMRUP R ASSAM. 7: HAKKE ALI S/O- LT. SUKUR ALI @ BIDESHI VILL.- NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S.- HAJO DIST.- KAMRUP R ASSAM. 8: CHAND MOHAMMAD ALI S/O- LT. ABBAS ALI VILL.- NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S.- HAJO DIST.- KAMRUP R ASSAM VERSUS
THE STATE OF ASSAM AND 3 ORS REP. BY THE SECY., REVENUE DEPTT., GOVT. OF ASSAM, DISPUR, GHY - 6.
2:THE DY. COMMISSIONER KAMRUP R AMINGAON GHY- 31. 3:THE CIRCLE OFFICER HAJO REVENUE CIRCLE GUWAHATI.
4:DIRECTOR OF LAND RECORDS and SURVEYS ETC.
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GOVT. OF ASSAM
RUPNAGAR GHY - 32
Advocate for the Petitioner : MR.H A SARKAR
Advocate for the Respondent : MR.M CHOUDHURY
Linked Case : WP(C)/2543/2018
ON THE DEATH OF MANIK UDDIN AHMED @ MANIK UDDIN HIS LEGAL HEIRS AND 7 ORS. SON OF LATE HUSSAIN UDDIN @ DULU MIAHA VILLAGE NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S. HAJO DISTRICT- KAMRUP(R) ASSAM. 1.1: JAHANARA BEGUM WIFE OF LATE MANIK UDDIN AHMED @ MANIK UDDIN
1.2: MAFIDA KHATUN AGED ABOUT 28 YRS. DAUGHTER OF LATE MANIK UDDIN AHMED @ MANIK UDDIN
1.3: SAHANAZ SULTANA AGED ABOUT 18 YRS. DAUGHTER OF LATE MANIK UDDIN AHMED @ MANIK UDDIN
1.4: SHAHNUR REKIB AGED ABOUT 13 YRS SON OF LATE MANIK UDDIN AHMED @ MANIK UDDIN REPRESENTED BY MOTHER PETITIONER NO. 1 RESIDENT OF VILLAGE NO. 2 DOKONIA MOUZA- PASCHIM BONGGSHAR P.S.- HAJO DISTRICT- KAMRUP(R) ASSAM
2: MD. AHMED ALI SON OF LATE HURMUZ ALI
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VILLAGE- NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S. HAJO DISTRICT- KAMRUP (RURAL) ASSAM. 3: MD. RAFIQUE ALI SON OF WAHED ALI VILLAGE NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S. HAJO DISTRICT- KAMRUP(METRO) ASSAM. 4: MD. FARMAN ALI S/O. LATE RAHMAN ALI @ RAHMAN VILLAGE NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S. HAJO DISTRICT- KAMRUP (RURAL) ASSAM. 5: MD. RAHAM ALI @ RAHAM SARDAR S/O. JABBAR @ AHMED VILLAGE NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S. HAJO DISTRICT- KAMRUP (RURAL) ASSAM. 6: MD. MINHAZ ALI SON OF LATE SABED ALI @ DARU MIYA VILLAGE-NO.2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S. HAJO DISTRICT- KAMRUP(RURAL) ASSAM. 7: MD. HAKKE ALI SON OF LATE SUKUR ALI @ BIDESHI VILLAGE- NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S. HAJO DISTRICT- KAMRUP(RURAL) ASSAM. 8: MD. CHAND MOHAMMAD ALI
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SON OF LATE ABBAS ALI VILLAGE- NO. 2 DOKANIA MOUZA- PASCHIM BONGSHAR P.S. HAJO DISTRICT- KAMRUP(RURAL) ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE SECRETARY REVENUE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6. PIN 78006 2:THE DEPUTY COMMISSIONER KAMRUP (R) AMINGAON GUWAHATI-31 PIN-001 3:THE CIRCLE OFFICER HAJO REVENUE CIRCLE GUWAHATI. 78001 4:DIRECTOR OF LAND RECORDS AND SURVEYS ETC. GOVT. OF ASSAM RUPNAGAR GUWAHATI-32 PIN-780016 -----------Advocate for : MR. A K PURKAYASTHA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 28/09/2023
None appears for the writ petitioners when these matters were called up. Mr. J. Handique, learned Additional Senior Government Advocate, Assam, is present on behalf of the official respondent nos. 2 & 3 and Mr. A. Bhattacharjee, learned Standing Counsel, Revenue and DM Department, Assam,
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is present on behalf of the respondent nos. 1 & 4.
In these writ petitions, the basic prayer of the petitioners is to restrain the authorities from evicting them from the land in question.
When the matters were called up, Mr. A. K. Purkayastha, learned counsel, who was present at the Bar, had submitted that although he was earlier appearing in these matters for the petitioners, yet, he is no longer appearing in these cases as the petitioners’ counsel. No other counsel has appeared on behalf of the writ petitioners. It further appears from the record that the petitioners were absent even on the previous occasion.
Having regard to the nature of relief prayed for in these writ petitions and the fact that no interim relief was granted in these cases to the petitioners, it is evident that the eviction drive has already been carried out and completed and, therefore, no live issue survives in these writ petitions, at this distant point of time.
These are old pending matters and none has appeared to press these writ petitions on behalf of the writ petitioners. This Court is, therefore, of the opinion that nothing further survives for adjudication in these writ petitions.
The writ petitions are accordingly, closed.
JUDGE
sukhamay
Comparing Assistant
Jahanara Begum & others
State of Assam
Suman Shyam
As recorded by the court registry
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