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2025 DAILYLAW 20736 (GAU)

MD. AYUB KHAN AND 2 ORS. v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/6203/2023 · 2025-09-01

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010240292023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6203/2023 MD. AYUB KHAN AND 2 ORS. S/O- LATE ALOM KHAN, RESIDENT OF VILLAGE- SUKANSUTI, P.O.- BORGANG, P.S.- BEHALI, DISTRICT- BISWANATH, ASSAM. 2: ANI SULTANA W/O- MD. AYUB KHAN RESIDENT OF VILLAGE- SUKANSUTI P.O.- BORGANG P.S.- BEHALI DISTRICT- BISWANATH ASSAM. 3: ASHIK KHAN S/O- HARUN KHAN RESIDENT OF VILLAGE- MORANGAON P.O.- BORGANG P.S.- BEHALI DISTRICT- BISWANATH ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT, GOVERNMENT OF ASSAM, Page No.# 2/4 DISPUR, GUWAHATI-6. 2:NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD. HAVING ITS REGISTERED OFFICE- NEDFI HOUSE GS ROAD DISPUR GUWAHATI- 781006. 3:THE DISTRICT COMMISSIONER NORTH LAKHIMPUR ASSAM- 787001. 4:THE CIRCLE OFFICER BIHPURIA CIRCLE OFFICE BIHPURIA LAKHIMPUR ASSAM- 784161. 5:THE CIRCLE OFFICER BIHPURIA REVENUE CIRCLE OFFICE BIHPURIA LAKHIMPUR ASSAM- 784161. 6:ON THE DEATH OF MD MAFIDUL HAQUE HIS LEGAL HEIRS ARE- 6.1 MISS MEHSHID HAQUE D/O- LATE MAFIDUL HAQUE RESIDENCE OF- KB ROAD WARD NO. 13 LAKHIMPUR PO NORTH LAKHIMPUR ASSAM. 6.2:MR. SHADABUL HAQUE S/O- LATE MAFIDUL HAQUE RESIDENCE OF- KB ROAD WARD NO. 13 LAKHIMPUR PO NORTH LAKHIMPUR ASSAM Advocate for the Petitioner : MR. S K SINGH, MR. A DHANUKA,MR. A DUTTA,MR. A Page No.# 3/4 GANGULY Advocate for the Respondent : SC, REVENUE, D ROY (R-6.1,6.2),MR. K ISLAM (r-6,6.1,6.2),MR A RASHID (r-6,6.1,6.2),MR M CHETIA (r-6,6.1,6.2),MR T H HAZARIKA (r-6,6.1,6.2),MS P HUJURI (R-2),MR. R K BHATRA (R-2),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 02.09.2025 Heard Shri A. Ganguly, learned counsel for the petitioners. Also heard Ms. M. Barman, learned State Counsel, Shri R.K. Bhatra, learned counsel for the respondent no. 2 and Shri T.H. Hazarika, learned counsel for the respondent nos. 6, 6.1 and 6.2. Considering the facts and circumstances, the development which had taken place and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the admission stage. Briefly stated, the petitioners have put to challenge orders dated 08.09.2023 and 10.10.2023 passed by the Recovery Officer, DRT, Guwahati. By the aforesaid orders, the mutation in the names of the petitioners with regard to the land in question under Bihupuria Circle in the district of Lakhimpur have been directed to be cancelled. The jurisdiction of the Recovery Officer, amongst others is one of the grounds of challenge. Shri Ganguly, the learned counsel for the petitioners has however submitted that he has been informed that the matter has been settled between the respondent no. 2 which is the Financial Institution and the private respondent nos. 6, 6.1 and 6.2. Shri Bhatra, the learned counsel for the respondent no. 2 has submitted that the account has been settled as per an OTS on payment of Rs 110.00 lakh by the Page No.# 4/4 Certificate Debtor. He has accordingly informed that the grievances of the petitioners would no longer be required to be raised. Shri Hazarika, the learned counsel for the respondent nos. 6, 6.1 and 6.2 has endorsed the aforesaid submission of Shri Bhatra, the learned counsel and has confirmed that the matter between his clients and the respondent no. 2 has been settled. In view of the aforesaid development, this Court is of the opinion that the grievances for which this writ petition was instituted would stand redressed and there would be no requirement to continue any further with this writ petition. Accordingly, the writ petition is closed. Copy of the order dated 18.08.2025 of the learned Recovery Officer No.1, DRT, Guwahati placed before this Court by Shri Bhatra, the learned counsel is made part of the records. The interim order passed earlier is accordingly made absolute. JUDGE Comparing Assistant