Page No.# 1/4 GAHC010131502025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/37/2025 LAXMI MALAKAR W/O LT. KRISHNA MALAKAR, R/O VILL. GOLAHATIA BASTI, PO/PS. HOJAI, DIST. NAGAON, ASSAM, PIN- 782435 2: SUBAL MALAKAR S/O LT. KRISHNA MALAKAR R/O VILL. GOLAHATIA BASTI PO/PS. HOJAI DIST. NAGAON ASSAM PIN-782435 3: SWAPAN MALAKAR S/O LT. KRISHNA MALAKAR ALL ARE THE R/O VILL. GOLAHATIA BASTI PO/PS. HOJAI DIST. NAGAON ASSAM PIN-782435 4: MAYA MALAKAR D/O LT. KRISHNA MALAKAR W/O MUKUL MALAKAR R/O SIB BARI PO/PS. HOJAI DIST. NAGAON ASSAM PIN-782435 5: SMTI BINA DAS ALIAS KUMTAI MALAKAR D/O LT. KRISHNA MALAKAR W/O BABUL DAS Page No.# 2/4 R/O VILL. UTTAR BIDYA NAGAR PO/PS. HOJAI DIST. NAGAON ASSAM PIN-78243 VERSUS THE STATE OF ASSAM REP. BY THE COMMISSIONER and SECY, LAND AND REVENUE DEPTT, GOVT. OF ASSAM, DISPUR, GHY-6. 2:THE DISTRICT COMMISSIONER NAGAON PO PS/DIST. NAGAON ASSAM 3:BIJOY MALAKAR S/O LT. NRIPENDRA MALAKAR 4:NAKUL MALAKAR S/O LT. NRIPENDRA MALAKAR BOTH ARE THE R/O VILL. PASCHIM NANDALALPUR PO. DIMRUPAR P.S. HOJAI DIST. NAGAON ASSAM PIN-782435 5.1:ON THE DEATH OF PRABATH CH. MALAKAR HIS LEGAL HEIR PRAFULLA MALAKAR S/O LT. PRABATH CHANDRA MALAKAR R/O VILL. DIMRUPAR PO. DIMRUPAR P.S. HOJAI DIST. NAGAON ASSAM PIN-782435 5.2:BHARATI MALAKAR S/O LT. PRABATH CHANDRA MALAKAR R/O VILL. DIMRUPAR PO. DIMRUPAR Page No.# 3/4 P.S. HOJAI DIST. NAGAON ASSAM PIN-78243 Advocate for the Petitioner : MR. S B LASKAR, MS D DUTTA,MR. H A LASKAR Advocate for the Respondent : SC, REVENUE, P ADHIKARI (R-3,4),G UDDIN (R-3,4),MR A K AZAD (R-5.1),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 01.12.2025 Heard Mr S.B. Laskar, learned counsel appearing for the applicant. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue Department appearing for respondent no. 1, Ms. M. Barman, learned State Counsel appearing for the respondent no. 2, Mr. P. Adhikari, learned counsel appearing for the respondent nos. 3 and 4 and Mr. A.K. Azad, learned counsel appearing for the respondent no. 5.1. Office Note dated 25.11.2025 reflects that the service on respondent no. 5.2 is also complete but none appears for the same. This Misc Case has been filed praying for restoration of WP(C)/1452/2012 which was dismissed for non-prosecution vide order dated 06.05.2025. It has been submitted by the learned counsel for the petitioner that on an earlier occasion, the writ petition has been dismissed for default. However on Misc Case No. 25/2023 having been filed and taken up for consideration by this Court, the restoration of the writ petition was allowed. On the next date of the listing i.e., 06.05.2025, the cause list failed to reflect the names of the newly engaged counsel on behalf of the petitioner and it was in that view of the Page No.# 4/4 matter that this Court had come to a conclusion that since none appeared for the petitioner even after restoration of the writ petition, it appears that the petitioner is no longer interested to pursue with this matter. We have perused the cause list annexed to the Misc Case and it appears that names of the new set of counsel was not reflected in the cause list dated 06.05.2025. The learned counsel appearing for the private respondents i.e., respondent nos. 3, 4 and 5.1 have not objected to the restoration of the writ petition. This Writ Petition No. 1452/2012 is restored to its original number by recalling the order dated 06.05.2025. The Misc Case accordingly stands disposed of. JUDGE Comparing Assistant