Gauhati High Court
I.A.(Civil)/1562/2026 of MD RAFIQUDDIN AND ORS Vs THE STATE OF ASSAM AND ORS on 3 June 2026
GAHC010230742016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1562/2026 MD RAFIQUDDIN AND ORS S/O. LT. DEVANATH ULLAH 2: MUSTT. SARUTUN NESSA S/O. LT. HABIB ALI 3: MD. AFTABUDDIN ALI S/O. LT. AYUB ALI 4: MD. AKADDAS ALI S/O. LT. ARAB
GAHC010230742016
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/1562/2026
MD RAFIQUDDIN AND ORS
S/O. LT. DEVANATH ULLAH
2: MUSTT. SARUTUN NESSA
S/O. LT. HABIB ALI
3: MD. AFTABUDDIN ALI
S/O. LT. AYUB ALI
4: MD. AKADDAS ALI
S/O. LT. ARAB ALI
5: MAINUDDIN @ MAJIBAR RAHMAN
S/O. MD. MAJUR ALI
6: ON THE DEATH OF KUTUB ALI @ FAZIR ALI
HIS LEGAL HEIRS
6.1: PIYARA BEGUM
W/O LATE KUTUB ALI @ FAZIR ALI
6.2: KASIM ALI
S/O LATE KUTUB ALI @ FAZIR ALI
6.3: MD. NIYAZ UDDIN
S/O LATE KUTUB ALI @ FAZIR ALI
6.4: MD. SABIR AHMED
S/O LATE KUTUB ALI @ FAZIR ALI
7: MD. SAMSUL HOQUE
S/O. ABDUL KADIR
8: SALIM HUSSIN NOTICE SENT AFTABUDDIN
S/O. LT. TANJID ALI
9: MUBARAK ALI
(NOTICE TO KUTUB ALI)
S/O. LT
HAJI SHAKIR ALI CHOUDHURY
10: JALALUDDIN
S/O. LT. SARAFUTULLA NOTICE TO SARAFUTULLAH ALL ARE OF VILL.
PACHIM DHANI RAM PATHAR
MOUZA-HOJAI
P.S. HOJAI
DIST. NAGAON
ASSAM.
VERSUS
THE STATE OF ASSAM AND ORS
REP. BY COMM. and SECY. TO THE GOVT. OF ASSAM
REVENUE DEPTT.
DISPUR
GHY.-06.
2:THE DY. COMMISSIONER
HOJAI.
3:THE ADDL. DEPUTY COMMISSIONER
HOJAI CUM S.D.O. C.
4:THE CIRCLE OFFICER
HOJAI REVENUE CIRCLE
HOJAI.
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Advocate for : MR A A DEWAN
Advocate for : SC
REVENUE appearing for THE STATE OF ASSAM AND ORS
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
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ORDER
Date : 04.06.2026
Heard Mr. A.A. Dewan, learned counsel for the applicant. This application has been filed praying for substitution of petitioner No.6 in WP(C) 6616/2016 as the petitioner No.6 had expired during the pendency of the writ petition. The applicants are the legal heirs of late Kutub Ali @ Fazir Ali who had expired on 01.11.2017. The applicants claim that the cause of action still survives in favour of them, who are the legal heirs of deceased petitioner No.6 and therefore, submits that the applicants may be allowed to substitute the deceased petitioner No.6. Having considered that the applicants are the legal heirs of late Kutub Ali @ Fazir Ali, who was the petitioner No.6 in the connected writ petition and as the cause of action appears to be still survives, I deem it appropriate to allow this application. Accordingly, the applicants namely, a) Piyara Begum, b) Kasim Ali c) Md. Niyaz Uddin and d) Md. Sabir Ahmed are allowed to be substituted with the deceased petitioner No.6 in the connected writ petition. I.A. stands allowed and disposed of. JUDGE Comparing Assistant