Page No.# 1/5 GAHC010221462025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5799/2025 MOYNUL HOQUE CHOUDHURY AND 13 ORS S/O- LATE ABDUL HAMID @ ABDUL HAMID SARKAR, PRESENT ADDRESS- R/O- NIZARAPAR, NOONMATI, P.S. NOONMATI, GUWAHATI-781020, DIST. KAMRUP(M), ASSAM AND PERMANENT ADDRESS- VILL.- TOKRABANDHA, P.O. CHIRAKUTA, P.S. DHUBRI, ASSAM, PIN- 783348. 2: ON THE DEATH OF AZAHAR ALI HIS LEGAL HEIRS ANJUMA BEGUM D/O- LATE AZAHAR ALI C/O- JAHANGIR HUSSAIN VILL.- TOKRABANDHA P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783348. 3: JAHANGIR HUSSAIN S/O- LATE AZAHAR ALI C/O- JAHANGIR HUSSAIN VILL.- TOKRABANDHA P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783348. 4: ASMA KHATUN D/O- LATE AZAHAR ALI C/O- JAHANGIR HUSSAIN VILL.- TOKRABANDHA P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI Page No.# 2/5 ASSAM PIN- 783348. 5: NARZUMA KHATUN D/O- LATE AZAHAR ALI C/O- JAHANGIR HUSSAIN VILL.- TOKRABANDHA P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783348. 6: NILUFAR PARBIN D/O- LATE AZAHAR ALI C/O- JAHANGIR HUSSAIN VILL.- TOKRABANDHA P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783348. 7: AKTAR HUSSAIN @ AKTAR ALI S/O- LATE ABDUL HAMID SARKAR VILL.- TOKRABANDHA P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783348. 8: SHAHJAHAN ALI S/O- LATE ABDUL HAMID SARKAR VILL.- FULKAKATA P.O. CHUNARI DIST. GOALPARA ASSAM PIN- 783129. 9: SOLEMAN HUSSAIN S/O- LATE ABDUL HAMID SARKAR VILL.- FULKAKATA P.O. CHUNARI DIST. GOALPARA ASSAM PIN- 783129. Page No.# 3/5 10: ABDUL REZZAK S/O- LATE ABDUL HAMID SARKAR VILL.- BELTOLI P.O. HAKAMA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 11: NURJAHAN BEGUM D/O- LATE ABDUL HAMID SARKAR C/O- AKTAR HUSSAIN VILL.- TOKRABANDHA P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783348. 12: SONAVAN NESSA D/O- LATE ABDUL HAMID SARKAR C/O- AKTAR HUSSAIN VILL.- TOKRABANDHA P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783348. 13: SOFIA KHATUN D/O- LATE ABDUL HAMID SARKAR C/O- AKTAR HUSSAIN VILL.- TOKRABANDHA P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783348. 14: HASINA YESMIN D/O- LATE ABDUL HAMID SARKAR C/O- AKTAR HUSSAIN VILL.- TOKRABANDHA P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783348 Page No.# 4/5 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-06. 2:THE DISTRICT COMMISSIONER AND COLLECTOR OF DHUBRI DISTRICT AT DHUBRI P.O. AND DIST. DHUBRI PIN- 783301. 3:THE ADDL. DISTRICT COMMISSIONER AND COMPETENT AUTHORITY LAND ACQUISITION DHUBRI DISTRICT AT DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN- 783301 Advocate for the Petitioner : MR. M A SHEIKH, MS. A BEGUM,MS F INTAZ Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 25.09.2025 Heard Ms. A. Begum, learned counsel for the petitioners. Also heard Shri J. Handique, learned State Counsel and Ms. G. Hazarika, learned Standing Counsel, Revenue department. Considering the subject matter involved and as agreed to by the learned counsel for the parties, the writ petition is taken up for disposal at the motion stage. The case projected is that land acquisition proceeding has been initiated vide L.A. Case No. 1/2025-26. The acquisition is for a project of the APDCL under the Assam Thermal Power Generation Promotion Policy 2025. Page No.# 5/5 The petitioners claimed to be persons interested and the said proceeding has advanced and pursuant thereto Notice under Form - D of the Assam Land (Requisition and Acquisition) Act 1964 has been issued to the petitioners. Such Notice was issued on 17.06.2025 and in response thereto, the petitioners claim to have submitted their representations on 11.07.2025. The grievance of the petitioners is that without considering such representations, the proceeding has been sought to be gone ahead with, in which case the petitioners would be suffering legal prejudice. Both Shri Handique, the learned State Counsel and Ms. Hazarika, the learned Standing Counsel have submitted that the projection does not appear to be correct inasmuch as the District Commissioner cum Collector is under a duty to consider the response submitted against the Notice under Form - D of the act in question. Considering the facts and circumstances, this Court is of the opinion that interest of justice would be served if a direction is given to consider the representations of the petitioners said to have been filed in response to the Notice under Form - D. Therefore, it is directed that in the event, such representations have not been considered and appropriate orders not passed, the same are directed to be considered and the District Commissioner & Collector, Dhubri is directed to pass speaking orders and communicate the same to the petitioners. The same shall be done expeditiously and preferably within an outer limit of 2 (two) months from today. Writ petition accordingly stands disposed of. JUDGE Comparing Assistant