Page No.# 1/6 GAHC010246472023 2025:GAU-AS:3473 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6499/2023 SHEIKH MONSUR RAHMAN @ MONSUR ALI AND 2 ORS S/O- LT. MUSA MISTRI, RESIDENT OF VILLAGE SAGUNMARI PART-3, P.O. AND P.S.- BILASIPARA, DISTRICT- DHUBRI, ASSAM, PIN- 783348. 2: ON THE DEATH OF TASER ALI S/O LT. MUSA MISTRI HIS LEGAL HEIRS- 2.1: ROKEYA BIBI D/O- LT. TASER ALI RESIDENT OF VILLAGE SAGUNMARI PART-3 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 2.2: SOYEDA KHATUN D/O- LT. TASER ALI RESIDENT OF VILLAGE SAGUNMARI PART-3 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM Page No.# 2/6 PIN- 783348. 2.3: NUR ZAMAL SHEIKH S/O- LT. TASER ALI RESIDENT OF VILLAGE SAGUNMARI PART-3 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 2.4: SURAT JAMAL SHEIKH S/O- LT. TASER ALI RESIDENT OF VILLAGE SAGUNMARI PART-3 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 2.5: SURATAN BIBI W/O- LT. TASER ALI RESIDENT OF VILLAGE SAGUNMARI PART-3 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 2.6: SOKINA BIBI D/O- LT. TASER ALI RESIDENT OF VILLAGE SAGUNMARI PART-3 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM Page No.# 3/6 PIN- 783348. 2.7: AMINA KHATUN BIBI D/O- LT. TASER ALI RESIDENT OF VILLAGE SAGUNMARI PART-3 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 2.8: ROSHIDA KHATUN D/O- LT. TASER ALI RESIDENT OF VILLAGE SAGUNMARI PART-3 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 2.9: PORVINA YEASMIN D/O- LT. TASER ALI RESIDENT OF VILLAGE SAGUNMARI PART-3 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 3: CHAND MOHAMMED S/O- LT. MUSA MISTRI RESIDENT OF VILLAGE SAGUNMARI PART-3 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM Page No.# 4/6 PIN- 783348 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT, DISPUR, GHY-6. 2:THE SUB-DIVISIONAL OFFICER (CIVIL) BILASIPARA SUB-DIVISION AT BILASIPARA P.O.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN -783348. 3:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE AT BILASIPARA P.O.- BILASIPARA DIST.- DHUBRI ASSAM. PIN- 783348. 4:THE COMMISSIONER OF DHUBRI DISTRICT AT DHUBRI P.O.- DHUBRI DISTRICT- DHUBRI ASSAM PIN- 783301 Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS C MEDHI,MS F INTAZ,K U AHMED Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R Page No.# 5/6 26.03.2025 1. Heard Mr. MA Sheikh, learned counsel for the petitioners. 2. The petitioner preferred an application for partition of the schedule land, which was registered as Application No. BRS.1/2023/B1P/270 dated 11.09.2023 and it is the contention of the petitioners that the aforesaid petition is pending unattended in the office of the Sub Divisional Officer (C), Bilasipara and no decision has yet been taken. 3. Mr. N Goswami, learned counsel for the District Administration submits that a Misc. Case bearing No. DRS-13/2020/47 for correction of land records for the same land has been filed by the sister of the petitioners and which is also pending before the Deputy Commissioner, Dhubri and in view of the pendency of the aforesaid Misc. Case, the application filed by the petitioner dated 11.09.2023 has not been proceeded. 4. In view of the aforesaid, Mr. Sheikh submits that since the schedule land is same/ similar and the petitioner in Misc. Case is sister of the petitioners and therefore, both the matter should be determined together by the Deputy Commissioner. 5. Mr. Goswami submits that he has no objection to the proposition made by Mr. Sheikh inasmuch as ultimately correction of record/ partition is required to be done taking note of all the claimants. 6. In view of the aforesaid consensus, this writ petition stands disposed of directing the Deputy Commissioner to jointly take up both the aforesaid application No. BRS.1/2023/B1P/270 dated 11.09.2023 filed by the petitioners herein and the Misc. Case bearing No. DRS-13/2020/47 preferred by the sister of the petitioners and be decided as per law. 7. The record of application No. BRS.1/2023/B1P/270 dated 11.09.2023 filed by the petitioners be sent to the office of the Deputy Commissioner by the Sub Divisional Officer (Civil), Bilasipara. 8. It is needless to say that the decision be made after giving reasonable opportunity to the petitioners as well as the applicant of the aforesaid Misc Case Page No.# 6/6 bearing No. DRS-13/2020/47. JUDGE Comparing Assistant