Page No.# 1/6 GAHC010160602024 2025:GAU-AS:8181 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4094/2024 MORJIYANA KHATUN W/O- LATE SIDDIQUE HUSSAIN, R/O- VILL.- BILASIPARA WARD NO. 6 GOPIGAON PART-IV, P.O. HAKAMA, P.S. BILASIPARA, PIN- 783348, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, GENERAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER DHUBRI P.O. AND DIST. DHUBRI ASSAM 3:THE SUB-DIVISIONAL OFFICER (CIVIL) BILASIPARA P.O. BILASIPARA DIST. DHUBRI ASSAM 4:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE P.O. BILASIPARA DIST. DHUBRI ASSAM 5:KASHFUTAT TAB YOUNUS S/O- LATE SIDDIQUE HUSSAIN R/O- SONALUGURI P.O. RANIGANJ Page No.# 2/6 DIST. DHUBRI ASSAM PIN- 783345. 6:ASHMOT BEGUM NURJAHAN D/O- LATE SIDDIQUE HUSSAIN R/O- SONALUGURI P.O. RANIGANJ DIST. DHUBRI ASSAM PIN- 783345. 7:SALEHUNNUR BEGUM D/O- LATE SIDDIQUE HUSSAIN R/O- SONALUGURI P.O. RANIGANJ DIST. DHUBRI ASSAM PIN- 783345. 8:SAYEDAT HUSSAIN S/O- LATE SIDDIQUE HUSSAIN R/O- SONALUGURI P.O. RANIGANJ DIST. DHUBRI ASSAM PIN- 783345. 9:AJARFAT EUNUS HUSSAIN S/O- LATE SIDDIQUE HUSSAIN R/O- SONALUGURI P.O. RANIGANJ DIST. DHUBRI ASSAM PIN- 783345 Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MS A BORAH,MS. U NANDA,MR. P S BISWAS,MS. J GHOSH Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Page No.# 3/6 Date : 18.06.2025 1. Heard Mr. F.A. Hassan, learned counsel for the petitioner and Ms. S. Baruah, learned Govt. Advocate appearing for the State Respondents. 2. None has appeared for the private Respondent Nos. 5-9, although service of notice have been complete upon the said respondents. 3. The petitioner by way of instituting the present proceeding has presented a grievance with regard to the non issuance of next of kin certificate to the petitioner identifying her as legal heirs of late Siddique Hussain who was working as a Supervisor Kanungo at Bilasipara Revenue Circle and had passed away on 24.12.2021. 4. As projected in the Writ Petition, the petitioner is the second wife of late Siddique Hussain. Late Siddique Hussain who was working as a Supervisor Kanungo had retired from his services, on reaching the age of superannuation w.e.f. 30.10.2021. However, after superannuation from his service, he had passed away on 24.12.2021. 5. The petitioner has also projected that out of the wedlock of the petitioner and Late Siddique Hussain, two daughters were born and both are minors. It is further projected that the first wife of Late Siddique Hussain had pre-deceased him on 10.01.2010 and from the first wife, late Siddique Hussain had 3 sons and 2 daughters i.e. the respondent nos.5 to 9 herein. 6. It is further contended that all children of the first wife of late Siddique Hussain are major in age and are married. 7. In order to facilitate submission of application for being authorized pension and pensionary benefits in respect of the services rendered by her late husband, the petitioner had applied before the Sub-Divisional Officer(Civil), Bilasipara, for being issued with the Next Of Kin Certificate. It is contended that the petitioner Page No.# 4/6 along with her such application, had submitted an affidavit and therein, had disclosed the names of all the children of late Siddique Hussain including the respondent nos.5 to 9. However, the said respondents, herein, raised an objection, in the matter and a hearing of the parties was called for by the respondents authorities. However, the said matter has not been taken forward and the Next Of Kin Certificate neither has been issued to the petitioner nor the application submitted by the petitioner has been rejected. Accordingly, being aggrieved the petitioner has instituted the present proceedings. 8. Ms. S. Baruah, learned Government Advocate, on instruction, has submitted that the petitioner while submitting her application, had not enclosed some of the relevant documents requisite for the purpose of consideration of her an application for grant of Next Of Kin Certificate. It is further submitted by Ms. S. Baruah, that some of the documents submitted by the petitioner did not match with the original documents maintained by the concerned authorities. 9. The learned Govt. Advocate has also submitted that the respondents authorities had tried to have a mutual agreement reached in the matter between the petitioner and the respondent nos.5 to 9, however, no such agreement could be reached. 10. I have heard the learned counsel for the parties and perused the materials available on record. 11. The materials brought on record reveals that the petitioner, herein, is the existing wife of late Siddique Hussain. The first wife of late Siddique Hussain had pre-deceased him on 10.01.2010. After the passing away of Late Siddique Hussain on 24.12.2021, the petitioner by complying with the procedure mandated, had submitted an application for the issue of the Next Of Kin Certificate to facilitate submission of application, for being authorized pension and pensionary benefits in respect of the service rendered by her late husband. Page No.# 5/6 The materials brought on record further reveals that the petitioner, herein, had filed the said application along with an affidavit disclosing the names of all legal heirs of the Late Siddique Hussain. However, for one or the other reason, the respondent authorites had not taken the matter to its logical conclusion. 12. The deficiencies pointed out by the learned Govt. Advocate with regard to the application submitted by the petitioner has been noticed. It has also been noticed that there is no agreement between the petitioner and the private respondent nos.5 to 9 with regard to the issuance of the said Next Of Kin Certificate. 13. With regard to the deficiencies of the document pointed out in the matter, the petitioner is directed to attend the office of the Sub-Divisional Officer(Civil), Bilasipara within 7(seven) days from today and submit fresh documents as may be required in the matter. 14. The Sub-Divisional Officer, Bilasipara and/or the Jurisdictional District Commissioner shall, thereafter process the application filed by the petitioner and if it is so required, shall hold a hearing in the matter and on consideration of the contentions raised by the petitioner as well as by the respondent nos.5-9 and any other legal heir that may exist, the Jurisdictional District Commissioner and Sub-Divisional Officer(Civil), Bilasipara who had heard the parties shall pass appropriate order, either granting the Next Of Kin Certificate to the petitioner and/or rejecting the same with reasons. 15. Basing on the outcome of the hearing and the orders that may be passed, the petitioner would be at liberty to take further appropriate steps. In the event, the petitioner is issued with the Next Of Kin Certificate, she would be eligible to submit requisite application for being authorized family pension and pensionary benefits in respect of the services rendered by her deceased husband. In the event, her such application is rejected, it will be open to the petitioner to Page No.# 6/6 institute such proceedings as may be mandated by law for assailing the decision arrived at in the matter by the respondents authorities. 16. With the above observation and direction, the present Writ Petition stands disposed of. JUDGE Comparing Assistant