Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 16 Ors on 15 September, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/7
GAHC010206252025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5367/2025
MD INTIAZ KHAN AND 7 ORS.
SON OF LATE RAFIQUE KHAN,
RESIDENT OF MANIK HAZARIKA ROAD, TINSUKIA, TOWN, P.S.-TINSUKIA,
DIST.- TINSUKIA, ASSAM, PIN- 786125
2: MD ASLAM KHAN
SON OF LATE RAFIQUE KHAN
RESIDENT OF MANIK HAZARIKA ROAD
TINSUKIA
TOWN
P.S.-TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN- 786125
3: MD JAMIL KHAN
SON OF LATE RAFIQUE KHAN
RESIDENT OF MANIK HAZARIKA ROAD
TINSUKIA
TOWN
P.S.-TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN- 786125
4: REHENA BEGUM
WIFE OF LATE ISTIAQUE KHAN
RESIDENT OF MANIK HAZARIKA ROAD
Page No.# 2/7
TINSUKIA
TOWN
P.S.-TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN- 786125
5: ENAM KHAN
SON OF LATE ISTIAQUE KHAN
RESIDENT OF MANIK HAZARIKA ROAD
TINSUKIA
TOWN
P.S.-TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN- 786125
6: JAVED KHAN
SON OF LATE ISTIAQUE KHAN
7: ESA KHAN
SON OF LATE ISTIAQUE KHAN
RESIDENT OF MANIK HAZARIKA ROAD
TINSUKIA
TOWN
P.S.-TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN- 786125
8: IRFAN KHAN
SON OF LATE ISTIAQUE KHAN
RESIDENT OF MANIK HAZARIKA ROAD
TINSUKIA
TOWN
P.S.-TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN- 78612
VERSUS
THE STATE OF ASSAM AND 16 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-
Page No.# 3/7
6
2:THE DISTRICT COMMISSIONER
TINSUKIA
DISTRICT- TINSUKIA
ASSAM
PIN-786125
3:THE ADDL. DISTRICT COMMISSIONER
TINSUKIA
DISTRICT- TINSUKIA
ASSAM
PIN-786125
4:THE CIRCLE OFFICER
TINSUKIA REVENUE CIRCLE
DISTRICT- TINSUKIA
PIN-786125
5:MD NABIBUL HAQUE
S/O- LATE DIL MOHAMMED
RESIDENT OF MANIK HAZARIKA ROAD
TINSUKIA TOWN
DIST.- TINSUKIA
ASSAM
PIN-786125
6:RAFIUL HAQUE
S/O- LATE DIL MOHAMMED
RESIDENT OF MANIK HAZARIKA ROAD
TINSUKIA TOWN
DIST.- TINSUKIA
ASSAM
PIN-786125
7:AMINA KHATUN
WIFE OF LATE HABIBUL HAQUE RESIDENT OF TULSIRAM ROAD
P.S.- TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN-786125
8:MD RAJAUL HAQUE
S/O- LATE HABIBUL HAQUE
RESIDENT OF TULSIRAM ROAD
Page No.# 4/7
P.S.- TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN-786125
9:MD NASIMUL HAQUE
S/O- LATE HABIBUL HAQUE
RESIDENT OF TULSIRAM ROAD
P.S.- TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN-786125
10:CHABIBA BEGUM
D/O- LATE HABIBUL HAQUE
RESIDENT OF TULSIRAM ROAD
P.S.- TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN-786125
11:SMTI HASINA BEGUM
W/O- LATE MOFIZUL HAQUE
RESIDENT OF MANIK HAZARIKA ROAD
WARD NO. 10
P.S.- TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN-786125
12:SMTI SAHINA BEGUM
D/O- LATE MOFIZUL HAQUE
W/O- FAYAZUDDIN
RESIDENT OF DHAI ALI ROAD
WARD NO. 1
P.S.- SIBSAGAR
DIST.- SIBSAGAR
ASSAM
PIN-785640
13:SMTI REJIA BEGUM
D/O- LATE MOFIZUL HAQUE
W/O- ABDUL MERAJ
RESIDENT OF JEGONIKOTIA CHAR ALI
WARD NO.1
Page No.# 5/7
P.S. AND DIST.- SIBSAGAR
ASSAM
PIN-785640
14:SMTI ZINNAT ARA BEGUUM
D/O- LATE MOFIZUL HAQUE
W/O- MD. IMRAN KADIR
RESIDENT OF BIRLA ROAD
NEAR JHAPI TEA FACTORY
P.S.- JOYPUR
DIST- DIBRUGARH
ASSAM
PIN-786614
15:MD. INAMUL HAQUE
S/O- LATE MOFIZUL HAQUE
RESIDENT OF MANIK HAZARIKA ROAD
WARD NO. 10
P.S.- TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN-786125
16:MD SAKIL KHAN
S/O- LATE RAFIQUE KHAN
RESIDENT OF VILLAGE- MACHHATI
P.S.- BHANWARKOL
DIST.- GHAZIPUR
UTTAR PRADESH
17:MD SAMIM KHAN
S/O- LATE RAFIQUE KHAN
RESIDENT OF VILLAGE- MACHHATI
P.S.- BHANWARKOL
DIST.- GHAZIPUR
UTTAR PRADES
Advocate for the Petitioner : MR. K N CHOUDHURY, MR P J DUTTA,MR H MAZUMDER,MR
B P BORAH
Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA,
ASSAM
Page No.# 6/7
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
15.09.2025
Heard Shri KN Choudhury, learned Senior Counsel assisted by Shri BP
Borah, learned counsel for the petitioners.
The challenge in this case is against an order dated 24.06.2025 passed by
the learned Assam Board of Revenue in Appeal No. 40RA(TIN)/2015 whereby
the appeal has been rejected. The appeal was preferred against an order
passed by the ADC dated 23.03.2015 in Revenue Appeal No. 7/2014 whereby
the order dated 16.02.2008 passed by the Circle Officer, Tinsukia in Mutation
Case No. 490/2007-08 was affirmed.
The learned Senior Counsel, amongst others grounds, has submitted that
mutation proceeding was instituted on behalf of a dead person and against a
dead person. He has also submitted that the notice dated 04.02.2008 said to
have been served cannot be construed as a notice, as the same was against a
dead person.
Let Rule be issued, returnable by 6(Six) weeks.
Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department accepts
notice on behalf of the respondent no. 1 and Shri J. Handique, learned State
Counsel accepts notice on behalf of the respondent nos. 2 to 4. Extra copies of
the writ petition be served upon the learned counsel for the respondents by
tomorrow.
Petitioners to take steps for service of notice upon the respondent nos. 5 to
17 by registered post with A/D. Steps within two days.
Page No.# 7/7
Shri Choudhury, learned Senior Counsel for the petitioners prays for an
interim order. He has been submitted that the findings of the learned ABR, more
particularly in paragraph 11 are unsustainable in law.
On perusal of the observations made in paragraph 11 of the impugned
judgment dated 24.06.2025, this Court is of a prima facie view that such
findings may not be construed in accordance with law. In view of the above, let
status-quo as on today be maintained till the returnable date.
List this case after 6(Six) weeks.
JUDGE
Comparing Assistant
