Md. Azhar Ali vs The State Of Assam And 3 Ors
2021 Latest Caselaw 3074 Gua

                                                                  Page No.# 1/3

GAHC010178452021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/6027/2021

            MD. AZHAR ALI
            S/O LATE ABDUL AWAL SHEIKH,
            VILLAGE UZAN BAZAR, PO HAZIRHAT, DIST SOUTH SALMARA
            MANKACHAR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
            OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
            DISPUR GUWAHATI 06

            2:THE SECRETARY TO THE GOVT. OF ASSAM

             REVENUE (REGISTRATION) DEPARTMENT
             DISPUR
             GUWAHATI 06

            3:THE INSPECTOR GENERAL OF REGISTRATION

             ASSAM
             RUPNAGAR
             GUWAHATI 32

            4:THE DEPUTY COMMISSIONER CUM DISTRICT REGISTRAR

             SOUTH SALMARA MANKACHAR
             PO HATSINGIMIRI
             DIST SOUTH SALMARA MANKACHAR
             ASSAM 78313

Advocate for the Petitioner   : MR A ISLAM
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Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                              ORDER

24.11.2021

Mr. J. Handique, learned counsel for the respondents submits that he has written a letter to the concerned Deputy Commissioner with regard to the order dated 22.11.2021 passed by this Court. He accordingly prays for further time to obtain necessary instructions.

The order dated 22.11.2021 is re-produced below :

"Paragraph No. 20 of the Judgment & Order dated 27.01.2021, passed in WP(C) No. 2029/2020 is as follows:-

"20. In view of the reasons stated above, this Court finds the Notification dated 06.01.2020 issued by the respondents, by which the respondent has been given the licence to register the Muslim Marriages and Divorces within Hatsingimari, South Salmara Mankachar District, to be illegal and unsustainable, in so far as it overlaps the jurisdiction of the areas within the jurisdiction of petitioner's licence, i.e. within the jurisdiction of the entire South Salmara Police Station, as it is hit by Section 3 of the "1935 Act" read with Rule 5 of the "1935 Rules". Accordingly, the Notification dated 06.01.2020 issued to the respondent No. 5 is set aside, to the extent that the said licence encompasses the areas within the jurisdiction of the South Salmara Police Station."

The petitioner's counsel has however brought to the notice of this Court the letter dated 09.09.2021, issued by the Office of the Deputy Commissioner, South Salmara Mankachar, Hatsingimari Magistracy & Administration Branch, which is at Serial No. 3 states as follows:-

"3. Abdul Kalam has been functioning as a MMR and Kazi at Hatsingimari area vide Notification No. REGN. 118/2019/31 dated 6th January, 2020." Mr. J. Handique, learned counsel submits that he will obtain instructions as to why the Judgment & Order of this Court passed in WP(C) No. 2029/2020, has not been complied with till date.

List the matter on 24.11.2021."

The matter referred to above is quite serious and accordingly, unless Mr. J. Handique is able to produce documents showing that the judgment and order dated 27.01.2021 passed in WP(C) 2029/2020 has been complied with, the Deputy Commissioner, South Salmara, Page No.# 3/3

Mankachar District shall personally appear before this Court at 10:30 a.m. on 29.11.2021.

List the matter on 29.11.2021.

JUDGE

Comparing Assistant