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2026 DAILYLAW 6859 (GAU)

IFTIKAR SARWAR MAZARBHUIYAN ADVOCATE v. THE STATE OF ASSAM

I.A.(Civil)/1504/2026 · 2026-05-24

Anjan Moni Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010016142026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1504/2026 IFTIKAR SARWAR MAZARBHUIYAN ADVOCATE GAUHATI HIGH COURT AGED ABOUT 33 YEARS S/O NAZRUL HAQUE MAZARBHUIYAN R/O- 7TH KALAGURU PATH DR. ZAKIR HUSSAIN ROAD .- HENGRABARI GUWAHATI DISTRICTKAMRUPM PIN-781036 ASSAM. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI781006 2:THE DISTRICT COMMISSIONER DHUBRI DISTRICT P.O.- DHUBRI ASSAM PIN783301 3:CIRCLE OFFICER REVENUE BILASIPARA REVENUE CIRCLE P.O.- BILASIPARA PIN783348 ------------ Advocate for : MR. N H MAZARBHUIYAN Page No.# 2/3 Advocate for : GA ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA O R D E R 25.05.2026 Heard Mr. I.S. Mazarbhuiya, learned counsel for the applicant. Also heard Mr. N. Goswami, learned Junior Government Advocate appearing for respondent Nos. 2 and 3. 2. The instant interlocutory application has been filed for correction of a statement made in paragraph No.4 of the connected writ petition. It is the contention of the petitioner that while drafting paragraph No.4 of the writ petition, in the last part of the aforesaid paragraph, it was mentioned as follows:- “It is apprehended that at any moment, Government may initiate action evicting the petitioners from the land as is done in other surrounding areas of the petitioners and in that case, the petitioners shall suffer irreparable loss.” 3. It is contended that the entire paragraph has been verified as true to record. However, the same has been done inadvertently as the aforesaid paragraph should have been sworn not as per record, but as per knowledge of the petitioners. In view of aforesaid, the applicant has contended that a separate paragraph may be allowed to cut off from paragraph No.4 by taking out the aforesaid lines and thereafter making one new paragraph as paragraph-5A in the following lines:- “5A- That it is apprehended that at any moment, Government may Page No.# 3/3 initiate action evicting the petitioners from the land as is done in other surrounding areas of the petitioners and in that case, the petitioners shall suffer irreparable loss.” It is also contended that the same should be allowed to be sworn in as matters of knowledge to the petitioner. 4. 4. After hearing the respective learned counsels for the parties, the instant interlocutory application is allowed for incorporation of the changes in the connected writ petition. 5. Accordingly, it is directed to the petitioner to file the amended writ petition within a period of 10(ten) days from today. 6. In terms of the aforesaid, the instant interlocutory application is disposed of. JUDGE Comparing Assistant