Page No.# 1/3 vs Md. Tota Mia And 2 Ors
2023 Latest Caselaw 3249 Gua

                                                                     Page No.# 1/3

GAHC010219102017




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

                             Case No. : WA/237/2018

         ON THE DEATH OF AJIJUR RAHMAN MOLLA HIS LEGAL HEIRS SAHATON
         BEWA and 19 ORS,
         W/O LATE AJIJUR RAHMAN MOLLA, R/O VILL. PIAJBARI, JOGIRBHITA PT-
         II, P.O. MAKRIJHORA, P.S. BAGRIBARI, DIST. DHUBRI, ASSAM, PIN 783349

         2: MIJANUR RAHMAN MOLLA

         3: ATOWAR RAHMAN MOLLA

         4: RUHUL AMIN MOLLA

         5: ASATON BIBI

         6: ABIDA SULTANA
          NO. 1 WIFE 2
         3 and 4 SONS
          5 and 6 DAUGHTERS OF LATE AJIJUR RAHMAN MOLLA

         7: MD. ABU TALEB MOLLA
          ON THE DEATH OF SIRAJUL HOQUE MOLLA ORIGINAL RESPONDENT NO.
         3 HIS LEGAL REPRESENTATIVES

         8: SOHORBHAN BEWA 1ST WIFE

         9: ABUL KALAM MOLLA

         10: SOHOR ALI MOLLA

         11: TOIYAB ALI MOLLA

         12: SHORIFA BIBI

         13: KHADEJA BIBI
                                                                          Page No.# 2/3


           14: KODBHANU BIBI

           15: SHAHEDA KHATUN

           16: REJIA BEWA 2ND WIFE

           17: ABDUL MOZID MOLLA

           18: ROMENA KHATUN

           19: UMMEHANU BEGUM


           20: MOZIDA BEGUM

            NO. 8 and 16 WIVES NO. 9
           10
           11 and 17 SONS AND NO. 12 TO 15 AND 18 TO 20 DAUGHTERS OF LATE
           SIRAJUL HAQUE MOLLA AND ALL OF NO. 1 TO 20 ARE R/O VILL. PIAJBARI
            JOGIRBHITA PT-II
            P.O. MAKRIJHORA
            P.S. BAGRIBARI
            DIST. DHUBRI
           ASSAM
            PIN 78334

           VERSUS

           MD. TOTA MIA and 2 ORS,
           S/O LT. KHABIRUDDIN SK., VILL. PIAJBARI PT-I, P.O. MAKRIJHORA, P.S.
           BAGRIBARI, PRESENTLY, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN
           783301

           2:THE CHAIRMAN
           ASSAM BOARD OF REVENUE
            GUWAHATI
            DIST. KAMRUP ASSAM
            PIN 786001

           3:THE COMMISSIONER/SECY.
            DEPTT. OF REVENUE GOVT. OF ASSAM
            DISPUR
            GUWAHATI
            PIN 78100

Advocate for the Petitioner : MR. G P BHOWMIK
Advocate for the Respondent : GA, ASSAM
                                                                                Page No.# 3/3




                                 BEFORE
                     HONOURABLE THE CHIEF JUSTICE
              HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

Date : 22-08-2023

Learned counsel for the appellants submits that the civil suit filed by the appellants regarding the land in question has been dismissed and the judgment of the civil court has been challenged by filing a First Appeal. He frankly concedes that in view of the above development nothing survives for consideration by this Court in this writ appeal. He thus prays that the appellants may be left at liberty to take recourse of the suitable remedy in the light of the judgment of the Civil Appellate Court.

In view of the statement so made by the learned counsel for the appellants, this instant writ appeal is closed with liberty to the appellants, as prayed for.

                                           JUDGE                          CHIEF JUSTICE



Comparing Assistant