Page No.# 1/6 GAHC010068012023 2025:GAU-AS:4094 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/25/2023 SMT. LAXMI MALAKAR and 4 ORS. W/O LT. KRISHNA MALAKAR 2: SUBAL MALAKAR S/O LT. KRISHNA MALAKAR 3: SWAPAN MALAKAR S/O LT. KRISHNA MALAKAR ALL ARE THE R/O VILL. GOLAHATIA BASTI PO/PS. HOJAI DIST. NAGAON ASSAM PIN-782435 4: MAYA MALAKAR D/O LT. KRISHNA MALAKAR W/O MUKUL MALAKAR R/O SIB BARI PO/PS. HOJAI DIST. NAGAON ASSAM PIN-782435 5: SMTI. BINA DAS @ SMTI. KUMTAI MALAKAR D/O LT. KRISHNA MALAKAR W/O BABUL DAS R/O VILL. UTTAR BIDYA NAGAR PO/PS. HOJAI DIST. NAGAON ASSAM PIN-78243 Page No.# 2/6 VERSUS STATE OF ASSAM and 4 ORS. REP. BY THE COMMISSIONER and SECY, LAND AND REVENUE DEPTT, GOVT. OF ASSAM, DISPUR, GHY-6. 2:THE DY. COMMISSIONER NAGAON PO PS/DIST. NAGAON ASSAM 3:BIJOY MALAKAR S/O LT. NRIPENDRA MALAKAR 4:NAKUL MALAKAR S/O LT. NRIPENDRA MALAKAR BOTH ARE THE R/O VILL. PASCHIM NANDALALPUR PO. DIMRUPAR P.S. HOJAI DIST. NAGAON ASSAM PIN-782435 5:ON THE DEATH OF PRABATH CH. MALAKAR HIS LEGAL HEIRS 5.1 PRAFULLA MALAKAR S/O LT. PRABHAT CH. MALAKAR R/O VILL. DIMRUPAR PO. DIMRUPAR P.S. HOJAI DIST. NAGAON ASSAM PIN-782435 5.2:BHARATI MALAKAR DIMRUPAR P.O.- DIMRUPAR P.S. HOJAI DIST- NAGAON ASSAM PIN- 78243 Advocate for the Petitioner : MR. S B LASKAR, MR. H A LASKAR,MS N KALITA,MS D DUTTA Page No.# 3/6 Advocate for the Respondent : SC, REVENUE, GA, ASSAM Linked Case : WP(C)/1452/2012 SMT. LAXMI MALAKAR and 4 ORS. W/O LT. KRISHNA MALAKAR 2: SUBAL MALAKAR S/O LT. KRISHNA MALAKAR 3: SWAPAN MALAKAR S/O LT. KRISHNA MALAKAR ALL ARE THE R/O VILL. GOLAHATIA BASTI PO/PS. HOJAI DIST. NAGAON ASSAM PIN-782435 4: MAYA MALAKAR D/O LT. KRISHNA MALAKAR W/O MUKUL MALAKAR R/O SIB BARI PO/PS. HOJAI DIST. NAGAON ASSAM PIN-782435 5: KUMTAI MALAKA D/O LT. KRISHNA MALAKAR W/O BABUL DAS R/O VILL. UTTAR BIDYA NAGAR PO/PS. HOJAI DIST. NAGAON ASSAM PIN-782435 VERSUS STATE OF ASSAM and ORS. REP. BY THE COMMISSIONER and SECY LAND AND REVENUE DEPTT GOVT. OF ASSAM Page No.# 4/6 DISPUR GHY-6. 2:THE DY. COMMISSIONER NAGAON PO PS/DIST. NAGAON ASSAM 3:BIJOY MALAKAR S/O LT. NRIPENDRA MALAKAR 4:NAKUL MALAKAR S/O LT. NRIPENDRA MALAKAR BOTH ARE THE R/O VILL. PASCHIM NANDALALPUR PO. DIMRUPAR P.S. HOJAI DIST. NAGAON ASSAM PIN-782435 5:PRABATH CH. MALAKAR S/O LT. PADMOLOCHAN MALAKAR R/O VILL. DIMRUPAR PO. DIMRUPAR P.S. HOJAI DIST. NAGAON ASSAM PIN-782435 ------------ Advocate for : MR.A H M R CHOUDHURY Advocate for : MRS.R MOMTAZ appearing for STATE OF ASSAM and ORS. BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 04-04-2025 1. Heard Mr. S. B. Laskar, learned counsel for the applicants and Page No.# 5/6 Ms. M. Barman, learned State counsel for the respondents. 2. The present application is filed for restoration of WP(C) No. 1452/2012 by recalling the order dated 29.01.2019, whereby this Court dismissed the aforesaid writ petition for non-prosecution. 3. From the aforesaid order, it is seen that none represented the petitioners, when the matter was called on 29.11.2018 & 29.01.2019. Accordingly, presuming that the petitioners were not inclined to pursue the case, this Court dismissed the aforesaid writ petition. 4. Perused the grounds explained in the present application as well as in the additional affidavit. 5. The explanation has been given at paragraph 2 of the aforesaid additional affidavit. At paragraph-2, it is stated that the aforesaid writ petition was listed in the Part-II hearing cause list for 29.10.2018 to 21.12.2018. The then engaged counsel for the petitioners was absent, when the matter was called for on 29.11.2018. Subsequently, the writ petition was again listed in the Part-II hearing list for 03.01.2019 to 01.03.2019 and the ten engaged counsels again failed to appear when the matter was called for on 29.01.2019. It is also stated that due to old age ailments of the petitioner No.1, she failed to maintain contact with the then engaged counsel and the then engaged counsel also did not make any contact with her. The petitioner No. 2, her eldest son, came to know about the fate of their writ petition only after the order dated 28.07.2022 was passed by the Circle Officer, Hojai Revenue Circle for mutating the names of the respondents in Page No.# 6/6 respect of the Schedule land. The petitioners have engaged a new set of counsels for doing the needful. 6. The learned counsels for the respondents submit that they have no instruction to object to the restoration of the connected writ petition. 7. Though the notice was served upon the substituted respondent No. 5 in the connected writ petition, none appears for the respondent No. 5. 8. Considering the matter in totality and also taking note of the explanation as recorded hereinabove, the order dated 29.01.2019 passed in WP(C) No. 1452/2012 is hereby recalled and the same is restored back to its original file. Thereafter, the applicants/petitioners, may file a fresh substitution petition for substitution of the respondent No. 5 in the connected writ petition. 9. With the aforesaid, the present application stands disposed of. 10. Registry shall do the needful and shall list WP(C) No. 1452/2012 after the ensuing ‘Bihu’ vacation on a date to be fixed by it. JUDGE Comparing Assistant