MD IKRAM ALI AND ANR v. THE STATE OF ASSAM AND 3 ORS.
WP(C)/1792/2025 · 2025-06-23
Sanjay Kumar Medhi
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 10012 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 10012 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010065832025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1792/2025 MD IKRAM ALI AND ANR S/O- HABIB ALI, R/O-HOUSE NO.8, NORTH JALUKBARI, (KATIADOLONG), P.O- GAUHATI UNIVERSITY, P.S- JALUKBARI, GUWAHATI-781014, DIST- KAMRUP (M), PIN- 782105 2: VIKASH KUMAR JAIN S/O- SRI SRICHAND JAIN R/O-7B PROTECH PRITAM NEAR ATHGAON MASJID ATHGAON GUWAHATI-781008 DISTRICT- KAMRUP(M) ASSA VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DISTRICT COMMISSIONER KAMRUP (METRO) ASSAM GUWAHATI-781001 3:THE ADDITIONAL DISTRICT COMMISSIONER KAMRUP (M) ASSAM GUWAHATI-781001 ASSAM 4:THE CO-DISTRICT COMMISSIONER JALUKBARI PIN-781014 ASSA
Page No.# 2/3 Advocate for the Petitioner : MR. M K CHOUDHURY, MS. ANASUYA C,MR. M SARMA,MR P BHARDWAJ Advocate for the Respondent : SC, REVENUE, GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 24-06-2025 Heard Shri M. K. Choudhury, learned Senior Counsel assisted by Shri M. Sarma, learned counsel for the petitioners. Also heard Shri H. Sarma, learned Addl. Senior Govt. Advocate, Assam. Considering the subject matter and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the motion stage itself. Suffice it to mention that this matter was taken up for motion on 02.04.2025 and 07.04.2025 and in the mean time, on 22.05.2025, the respondent no. 4 has filed affidavit-in-opposition. As per the facts projected, the petitioner no. 1 is the owner of a plot of land measuring 1 Katha covered by Dag No. 13 under KP Patta No. 109 at Revenue Village, Uttar Jalukbari, Mouza Jalukbari, Revenue Circle Guwahati in the district of Kamrup (M) which was acquired by a registered sale deed. The petitioner no. 2 is a tenant, who is running a business in the name and style “M/s Jain Auto Service”. On 05.03.2025, a notice was issued by the respondent no. 4 to the petitioner no. 2, in connection with the land in question whereafter both the petitioners had visited the Office of the respondent no. 2 and produced all the relevant documents. The affidavit-in-opposition filed by the respondent no. 4 on 22.05.2025
Page No.# 3/3 has however revealed that the said exercise was done only to ascertain the area which was under the Office of the said respondent no. 4. The affidavit also reveals that no land of the respondent no.
4 was under the occupation of the petitioners though a part thereof appears to be railway land and further that no eviction process is contemplated to be initiated. In view of the categorical stand in the affidavit, this Court is of the opinion that there is no live cause of action which is required to be adjudicated in this petition. Writ petition is accordingly closed. JUDGE Comparing Assistant