Page No.# 1/2 GAHC010150672025 2025:GAU-AS:9319-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/32/2025 ALTAF HUSSAIN LASKAR S/O LATE PIYAR UDDIN LASKAR, R/O WATER WORKS ROAD WARD NO. 8, P.O. AND P.S.- SILCHAR, DIST- CACHAR, ASSAM, PIN-788001 VERSUS 1: THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR-781006 2:THE DIRECTOR LAND RECORD AND SURVEY TO THE GOVT. OF ASSAM RUPNAGAR-781007 3:THE DISTRICT COMMISSIONER, CACHAR ASSAM 4:THE SETTLEMENT OFFICER, DIST- CACHAR ASSAM 5:THE ASSISTANT SETTLEMENT OFFICER SILCHAR (SADAR) CIRCLE SILCHAR DIST- CACHAR ASSAM For the Petitioner(s) : Mr. F.Z. Mazumder, Advocate. For the Respondent(s) : Mr. D.K. Sarmah, Additional Senior Govt. Advocate, Assam. : Ms. N. Bordoloi, Standing Counsel, Revenue Department. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA 21.07.2025 (Ashutosh Kumar, CJ) After some argument, Mr. F.Z. Mazumder, learned advocate seeks permission to withdraw this PIL to enable him to approach the appropriate Page No.# 2/2 authority invoking the jurisdiction under Section 133 of the Code of Criminal Procedure. It appears that the petitioner had earlier approached this Court by way of a Public Interest Litigation seeking removal of encroachment on a particular road, the mid portion of which was alleged to have been encroached. Mistakenly, the petitioner made a representation before the District Magistrate bearing no result. The petitioner has come again before this Court under PIL seeking a direction to the concerned authorities to do the needful as also with a grievance that there is complete inaction on the part of the authorities in removing the encroachment. As noted above, for the petitioner having chosen a wrong forum for initiating a proceeding under Section 133 of the Code of Criminal Procedure, we accede to the request of Mr. Mazumder for withdrawal of this case for filing a fresh petition before the appropriate authority under Section 133 of the Code of Criminal Procedure. Disposed of as withdrawn with the liberty aforesaid. JUDGE CHIEF JUSTICE Comparing Assistant