Page No.# 1/3 GAHC010179132023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4694/2023 MD. KHAJA HANIF AHMED SON OF LATE ALHAZ A.K. NAZRUL ISLAM, RESIDENT OF VILLAGE- PACHIM LORIMUKH, P.O.- MAGURMARI, P.S. RUPAHIHAT, DISTRICT- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT (REGISTRATION) DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (REGISTRATION) DEPARTMENT DISPUR GUWAHATI- 781006 3:THE INSPECTOR GENERAL OF REGISTRATION ASSAM RUPNAGAR GUWAHATI- 7801002 4:THE DEPUTY REGISTRAR (REVENUE) NAGAON P.O. AND DISTRICT- NAGAON ASSAM PIN- 782002 5:THE DISTRICT REGISTRAR CUM DEPUTY COMMISSIONER NAGAON P.O. AND DISTRICT- NAGAON Page No.# 2/3 ASSAM PIN- 782002 6:MD. TAFAZUL HAQUE SON OF ABDUL MANNAN RESIDENT OF VILLAGE AND P.O. UTTAR KHATOWAL P.S. RUPAHI DISTRICT- NAGAON ASSAM PIN- 78212 Advocate for the Petitioner : MR N AHMED, MR. N J DUTTA,MR. M M ZAMAN,MR A BASUMATARY,D HUSSAIN Advocate for the Respondent : GA, ASSAM, MR. M I HUSSAIN,FOR CAVEATOR,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 16.06.2025 1. Heard Mr. M.I. Hussain, learned counsel for the respondent no.6. Also heard Mr. J. Handique, learned counsel for the respondent nos.1, 2 & 3 and Mr. S. Baruah, learned counsel for the respondent nos. 4 & 5. 2. The petitioner by way of instituting the present proceedings has presented a challenge to a license dated 29.08.1996 issued under the provisions of Section 3 of the Assam Muslim Marriages & Divorces Registration Act, 1935, to the Respondent no.6 to register all Muslim Marriages & Divorces within the jurisdiction of the Kaliabor Sub-Division. 3. The petitioner contents that he was earlier granted licence dated 20.10.2005 authorizing him to temporarily register Muslim Marriage and Divorces within the jurisdiction of the Kaliabor Sub-Division. Thereafter, the petitioner contents that vide license dated 29.08.2006 he was allowed to register all Muslim Marriage and Divorces covering Kaliabor Sub-division until it revoked or suspended. Page No.# 3/3 4. The petitioner has further projected that license granted to the Respondent no.6 has the effect of two Kazis been permitted to operate in the same area, which was contended to be impermissible. 5. The licenses issued to both the petitioner and the Respondent no.6 were so issued under the provisions of the Assam Muslim Marriages and Divorces Registration, Act, 1935. The said Act of 1935 during the pendency of the present proceedings came to be repealed. Along with the repeal of the Act of 1935, the office of Kazi also came to be abolished. 6. In view of the repeal of the Act of 1935, and the posts of Kazi functioning there under also being abolished, the relief as sought for by the petitioner in the present proceedings cannot be granted. The licenses issued to both the petitioner as well as the Respondent no.6 have ceased to have any effect. 7. Accordingly, the present writ petition stands dismissed. However liberty is granted to both the petitioner and the Respondent no.6 to pursue such remedies, as may be permissible under law, for redressal of their grievances. 8. With the above observation, the present petition stands closed. JUDGE Comparing Assistant