Page No.# 1/4 GAHC010261032025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6761/2025 ALFAR UDDIN ALL ARE SONS OF - LATE ABDUL WAHID ALIAS ABDUL WAJIDRESIDENTS OF VILLAGE PABIJURI, P.O. BURUNGATALI BAZAR, P.S. MURAJHAR, DISTRICT HOJAI ASSAM, PIN 782445 2: NAZIM UDDIN ARE SONS OF - LATE ABDUL WAHID ALIAS ABDUL WAJIDRESIDENTS OF VILLAGE PABIJURI P.O. BURUNGATALI BAZAR P.S. MURAJHAR DISTRICT HOJAI ASSAM PIN 782445 3: RIYAZ UDDIN SONS OF - LATE ABDUL WAHID ALIAS ABDUL WAJIDRESIDENTS OF VILLAGE PABIJURI P.O. BURUNGATALI BAZAR P.S. MURAJHAR DISTRICT HOJAI ASSAM PIN 782445 4: REHAN UDDIN SONS OF - LATE ABDUL WAHID ALIAS ABDUL WAJIDRESIDENTS OF VILLAGE PABIJURI P.O. BURUNGATALI BAZAR P.S. MURAJHAR DISTRICT HOJAI ASSAM PIN 782445 5: MUSSTT SITARUN NESSA W/O - LATE ABDUL WAHID ALIAS ABDUL WAJIDALL ARE RESIDENTS OF VILLAGE PABIJURI P.O. BURUNGATALI BAZAR P.S. MURAJHAR Page No.# 2/4 DISTRICT HOJAI ASSAM PIN 782445 CONTACT NO. 938712722 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI 781006 2:THE DISTRICT COMMISSIONER HOJAIP.O. SANKARDEVNAGAR P.S. LANKA DISTRICT HOJAI ASSAM PIN 782442 3:THE CIRCLE OFFICER LANKA REVENUE CIRCLE P.O. P.S. LANKA PIN 782446 4:KABIR UDDIN TALUKDAR ALIAS KABIR UDDIN S/O LATE ABDUS SUBHAN 5:HASIB UDDIN S/O LATE ABDUL SATTAR 6:SALMAN UDDIN LATE ABDUL RABSERIAL NOS. 4 5 6 ARE RESIDENTS OF VILLAGE PABIJURI P.O. BURUNGATALI BAZAR P.S. MURAJHAR DISTRICT HOJAI ASSAM Advocate for the Petitioner : BISWAJIT PAUL, MR. D P BORAH Advocate for the Respondent : SC, REVENUE, N. UDDIN,MR. M I HUSSAIN,FOR CAVEATOR,GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 03-12-2025 Heard Mr. D.P. Borah, learned counsel for the petitioners; Ms. G. Hazarika, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3; and Mr. M.I. Hussain, learned counsel for the respondent nos. 4, 5 & 6/caveator. 2. This writ petition under Article 226 and Article 227 of the Constitution of India has been preferred to assail an Order dated 30.10.2025 passed by the Court of learned Additional District and Sessions Judge [FTC], Hojai, Sankardev Nagar in Special [Land Grabbing] Case no. 05[H] of 2024. 3. This Court in a Judgment and Order dated 27.02.2024 passed in a writ petition, W.P.[C] no. 558/2024 [Abad Ali and 3 others vs. the State of Assam and 3 others] has held that in view of non-constitution of the Special Court under Section 14 of the Land Grabbing Act, the aggrieved party, though prevented from exercising the right of appeal, has the option of preferring a petition under Article 227 of the Constitution of India to challenge a judgment and order of the Special Tribunal constituted under the Land Grabbing Act deciding the civil liability and such petition is to be registered as a Civil Revision Petition [CRP Art. 227]. 4. In such view of the matter, the learned counsel for the petitioners has submitted that this writ petition may be allowed to be withdrawn in order to file Page No.# 4/4 appropriate civil revision petition under Article 227 of the Constitution of India. 5. The learned counsel for the respondents have agreed to the submissions of the learned counsel for the petitioners. 6. In the aforesaid view of the matter, this writ petition is closed on withdrawal with the liberty to the petitioners to file civil revision petition under Article 227 of the Constitution of India. JUDGE Comparing Assistant