Page No.# 1/4 GAHC010228762026 2026:GAU-AS:15564 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5721/2026 MUSST SAFIA NUR BEGUM D/O- LATE NUR MAHAMMAD R/O- JAMUGURI, P.O. ALITANGANI P.S. JURIA, DISTRICT. NAGAON, ASSAM 782124. VERSUS THE STATE OF ASSAM AND ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM SECRETARIAT CIVIL, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE A DEPARTMENT ASSAM SECRETARIAT CIVIL DISPUR GUWAHATI-781006. 3:THE DISTRICT COMMISSIONER NAGAON ASSAM 782001. 4:THE ADDITIONAL DISTRICT COMMISSIONER NAGAON ASSAM 782001. 5:JOINT DIRECTOR OF HEALTH SERVICES NAGAON ASSAM 782001. Page No.# 2/4 6:THE REGISTRAR OF BIRTH AND DEATH DAGAON BLOCK PRIMARY HEALTH CENTRE ASSAM. 7:NUR HELIM MIR S/O- LATE NUR MOHAMMAD R/O- JAMUGURI P.O. ALITANGANI P.S. JURIA DISTRICT. NAGAON ASSAM 782124 8:NUR HAMID S/O- LATE NUR MOHAMMAD R/O- JAMUGURI P.O. ALITANGANI P.S. JURIA DISTRICT. NAGAON ASSAM782124 9:NUR SELIM S/O- LATE NUR MOHAMMAD R/O- JAMUGURI P.O.ALITANGANI P.S. JURIA DISTRICT. NAGAON ASSAM 782124. 10:NUR HALIM S/O- LATE NUR MOHAMMAD R/O- JAMUGURI P.O. ALITANGANI P.S. JURIA DISTRICT. NAGAON ASSAM 782124 11:MUSTT NUR MABASHIRA D/O- LATE NUR MOHAMMAD R/O- JAMUGURI P.O. ALITANGANI P.S. JURIA DISTRICT. NAGAON ASSAM 782124 12:MD DILDAR HUSSAIN S/O- MD. SAFARUDDIN R/O- DATIALBORI P.O. DATIALBORI P.S. LAHARIGHAT DISTRICT MORIGAON ASSAM 782126. Page No.# 3/4 13:THE MEDICAL OFFICER DAGAON BLOCK PHC NAGAON ASSAM 782124. 14:THE PRESIDENT PUB-JAMUGURI KOBARISTHAN VILL. JAMAGURI -8- ANCHOLIK P.O. ALITANGANI DISTRICT NAGAON. ASSAM 782124. 15:MD RUSTAM ALI THE VILLAGE HEADMAN VILLAGE JAMAGURI P.O. HATIJUJUWA. DISTRICT NAGAON ASSAM 782122 Advocate for the Petitioner : MR. K SINGHA, G L BORA,M DEVI Advocate for the Respondent : SC, REVENUE, GA, ASSAM,SC, HEALTH BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 14.10.2026 Heard Mr. K. Singha, learned counsel for the petitioner; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, Government of Assam for the respondent no. 1; Mr. D. Upamanyu, learned Standing Counsel, Health and Family Welfare Department, Government of Assam for the respondent nos. 2, 5 & 6; and Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. P.K. Medhi, learned Junior Government Advocate, Assam for the respondent nos. 3 & 4. Having gone through the statements and averments made in this writ petition and materials on record, it prima facie appears that the petitioner has belatedly obtained a Death Certificate on 30.08.2024 whereas the petitioner’s brother obtained the Death Certificate on 10.08.2018. The death certificates were issued as regards the death of Nur Nahar Begum, who was the mother of the petitioner. According to the petitioner, Nur Page No.# 4/4 Nahar Begum died on 10.04.2018 and as per the information provided by the petitioner’s brother to obtain the Death Certificate, Nur Nahar Begum died on 01.01.2018. It is after the issuance of the Death Certificate earlier in 2018, the petitioner applied for the Death Certificate after six years in 2024. The Death Certificate issued to the petitioner was cancelled on 16.09.2025. Since the writ petition under Article 226 of the Constitution of India is a public law remedy and is not a recourse for any private remedy, this Court is of the prima facie view that the petitioner has arraigned a number of persons as private respondents who are neither proper parties nor necessary parties. At this stage, Mr. Singha, learned counsel for the petitioner has sought leave to withdraw the writ petition with liberty. In view of the above submission made by Mr. Singha, the writ petition is allowed to be withdrawn, with the liberty. JUDGE Comparing Assistant