Page No.# 1/4 GAHC010226212024 2025:GAU-AS:8258 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5720/2024 MALEKA KHATUN @ KATEKA KHATUN AND 3 ORS W/O- LT. HASHEM ALI @ HASEM ALI, VILL- GUTIPARA PART-III, P.O.- GUTIPARA, P.S.- BILASIPARA, DIST.- DHUBRI, ASSAM, PIN- 783349. 2: SUMAR ALI S/O- LATE MOSTAB ALI SHEIKH @ MOSTAB ALI @ MOSTAM ALI VILL- GUTIPARA PART-III P.O.- GUTIPARA P.S.- BILASIPARA DIST.- DHUBRI ASSAM PIN- 783349. 3: SAHAR ALI S/O- LATE MOSTAB ALI SHEIKH @ MOSTAB ALI @ MOSTAM ALI VILL- GUTIPARA PART-III P.O.- GUTIPARA P.S.- BILASIPARA DIST.- DHUBRI ASSAM Page No.# 2/4 PIN- 783349. 4: SADDAM HUSSAIN S/O- LATE MOSTAB ALI SHEIKH @ MOSTAB ALI @ MOSTAM ALI VILL- GUTIPARA PART-III P.O.- GUTIPARA P.S.- BILASIPARA DIST.- DHUBRI ASSAM PIN- 783349 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DISTRICT COMMISSIONER DHUBRI ASSAM P.O. AND P.S. AND DIST.- DHUBRI ASSAM PIN- 783301. 3:THE ADDITIONAL DISTRICT COMMISSIONER DHUBRI ASSAM (LAND SETTLEMENT BRANCH) P.O. AND P.S. AND DIST.- DHUBRI ASSAM PIN- 783301. 4:THE CIRCLE OFFICER CUM ASSISTANT SETTLEMENT OFFICER BILASIPARA REVENUE CIRCLE BILASIPARA P.O. AND P.S.- BILASIPARA DIST.- DHUBRI ASSAM Page No.# 3/4 PIN- 783348 Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 20.06.2025 1. Heard Mr. M Hussain, learned counsel for the petitioners. Also heard Mr. A Bhattacharya, learned counsel for respondent No.1 and Mr. N Das, learned counsel for respondent Nos.2 to 4. 2. The petitioners have preferred an application seeking the notified public services of partition and demarcation under the Assam Right to Public Services Act, 2012 pursuant to an order dated 23.01.2023 passed in a writ petition, W.P.(C) no. 6158/2022, earlier preferred by the petitioners. As the notified services, as sought for, were not extended to the petitioners, the petitioners preferred an appeal before the appellate authority, that is, the District Commissioner, Dhubri under Section 8(1) of the Assam Right to Public Services Act, 2012. The appellate authority, the District Commissioner, Dhubri has directed, on 15.05.2024, to the Circle Officer, Bilasipara Revenue Circle to take necessary action as per rules. Thereafter, the Circle Officer, Bilasipara Revenue Circle has passed an order of partial partition in respect of the plot of land in question on 27.08.2024. The petitioners have averred that Page No.# 4/4 neither field demarcation has been carried out till date nor the revenue records have been not corrected till date. 3. The learned counsel for the petitioners submits that a suit has been preferred by one Lokman Ali, Habibor Rahman, Sahar Ali, Altab Hussain and Joynal Abedin for declaration of right and title, confirmation of possession, cancellation of sale deed No.330/1999 and for permanent injunction against the present petitioners involving the suit land. The petitioners as defendants are also going to file their written statement within a short period of time. 4. In the meantime, Mr. N Das learned state counsel has also obtained instructions that as civil suit is pending, the authorities are not proceeding with any demarcation. 5. In the aforesaid backdrop, the learned counsel submits that the matter is subjudice before the before the competent Civil court and he may be allowed to withdraw this writ petition. 6. Prayer stands allowed. 7. The writ petition stands closed on withdrawal. JUDGE Comparing Assistant