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2025 DAILYLAW 12264 (GAU)

SMT MOZIRAN BIBI v. THE STATE OF ASSAM

WP(C)/2644/2025 · 2025-05-20

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010100552025 2025:GAU-AS:6387 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2644/2025 SMT MOZIRAN BIBI RO- HAKAMA PART-III, PO- HAKAMA, PS- BILASIPARA, DISTRICT-DHUBRI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY TO THE GOVT OF ASSAM, REVENUE (L- R) DEPTT, DISPUR, GUWAHATI-06 2:THE DISTRICT COMMISSIONER DHUBRI DISTRICT- DHUBRI ASSAM PIN-783301 3:THE CO DISTRICT COMMISSIONER P O - BILASIPARA DISTRICT-DHUBRI ASSAM PIN-783348 4:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE P O -BILASIPARA DISTRICT- DHUBRI ASSAM PIN-783348 5:SOPURUDDIN SK SAFAR UDDIN SK R/O- BILASIPARA WARD NO 8 P O -HAKAMA P S BILASIPARA DISTRICT- DHUBRI Page No.# 2/3 ASSAM PIN-78334 Advocate for the Petitioner : MR J I MONDAL, MR M A ISLAM Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 21.05.2025 1. Heard Mr. M.A Islam, learned counsel for the petitioner. 2. The Additional District Commissioner (Revenue), Dhubri by its communication dated 17.03.2025, directed the Circle Officer, Bilasipara Revenue Circle, not to alter or correct the land record of the Dag No. 45 till disposal of the civil suit inasmuch as, according to the Additional District Commissioner, he had already passed an order in Misc. Appeal Case No. 01/2024. The Circle Officer was further intimated that the subject land is subject matter of pending title suit. 3. In the aforesaid backdrop, this court sought instructions from the learned state counsel and it is submitted by Mr. N Das, learned Junior Government Advocate that the impugned notice dated 25.02.2025 was issued to the petitioner inadvertently, as the Circle Officer was not duly intimated as regards the order dated 17.03.2025, passed by the Additional District Commissioner, Revenue, however, after realizing such mistake, order dated 20.05.2025 has been passed rejecting the application of the respondents, on the ground of pendency of Title Suit No.02/2025. Page No.# 3/3 4. A copy of such order uploaded in the website, has also been produced by Mr. N Das, learned Junior Government Advocate. 5. In view of the aforesaid, Mr. Islam, learned counsel for the petitioner submits that nothing survives to be adjudicated in this writ petition and therefore, he may be allowed to withdraw this writ petition with a liberty to approach this court once again, if a fresh cause of action arises. 6. Considering the matter in entirety, the prayer stands allowed. 7. The writ petition stands closed on withdrawal. 8. A copy of the instruction received by Mr. N Das, learned counsel from the Circle Officer, Bilasipara Revenue Circle is kept on record and a copy of the same be furnished to Mr. Islam, learned counsel for the petitioner. JUDGE Comparing Assistant