Reheez Iktiaz Ahmed and Anr v. The State of Assam and 5 Ors

ORDER Date : 15-05-2024

Heard Mr. M. Ahmed, learned counsel for the petitioners; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the respondent nos. 1 & 2; and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 3 & 4.

¶2The two petitioners claim that they were the son and the daughter of one Late Dr. Hikmat Ali Ahmed and from his first deceased wife. According to the petitioner, the respondent no. 5 was the second wife of Late Dr. Hikmat Ali Ahmed and the respondent no. 6 is the son of the respondent no. 5.

¶3The petitioners have approached this Court by the instant writ petition with a grievance that the respondent no. 5 and the respondent no. 6 without disclosing that the two petitioners are also Next-of-Kins of Late Dr. Hikmat Ali Page No.# 3/5 Ahmed, got issued a Next-of-Kin Certificate in their favour on 18.09.2021 [Annexure-I]. The petitioners claim that such Next-of-Kin Certificate has been obtained by submitting affidavits with suppression of material facts. As soon as the petitioners received the information about issuance of the Next-of-Kin Certificate in favour of the respondent no. 5 and the respondent no. 6 in the year 2023, the petitioners submitted a Representation before the issuing authority of the Next-of-Kin Certificate, that is, the Deputy Commissioner, Barpeta [the respondent no. 3] on 07.02.2024. It is the grievance of the petitioners that despite submission of the Representation on 07.02.2024, the respondent no. 3 has not yet heard the petitioners and has not disposed of the representation.

¶4In view of the nature of the issue raised in this writ petition, both Ms. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department and Mr. Baruah, learned Junior Government Advocate, Assam appearing for the State respondents have conjointly submitted that since the petitioners have already submitted the Representation before the respondent no. 3, the writ petition can be disposed of, at the motion stage itself, with a direction to the respondent no. 3 to consider the Representation after affording opportunities of hearing to both the sides.

¶5Mr. Ahmed, learned counsel for the petitioner has agreed to the submissions made on behalf of the State respondents.

¶6In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner, this Court is of the considered view that Page No.# 4/5 instead of keeping this writ petition pending, the same can be disposed of with a direction to the respondent no. 3 to take the Representation, stated to have been submitted by the petitioners the receipt of which was acknowledged by the office of the respondent no. 3 on 26.02.2024 under seal and signature, on board and to dispose of the same thereafter, by way of a speaking order, after affording opportunities of hearing to both the sides including the respondent nos. 5 & 6. It is accordingly directed. As it has been directed that the respondent nos. 5 & 6 should be afforded due opportunity of hearing before passing of the speaking order, the process of issuance of notices to them is found expedient to be dispensed with. For the purpose of facilitating the respondent no. 3 to dispose of the Representation, the petitioners shall submit a certified copy of this order and a copy of this writ petition along with annexures, at his office within a period of 10 days from today and the respondent no. 3 shall thereafter, complete the entire process as expeditiously as possible, preferably within a period of 45 days from the date of receipt of a certified copy and the copy of the writ petition along with annexures from the petitioners. It is further observed that the representation is to be considered by the respondent no. 3 on its own merits and in accordance with law as this Court has not observed anything on the merits of the rival claims of any of the parties.

¶7With the observation made and the direction given above, the writ petition stands disposed of.

JUDGE Page No.# 5/5 Comparing Assistant

PageoNo.#o1/5 GAHC010083582024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2362/2024o REHEEZoIKTIAZoAHMEDoANDoANRo S/OoLATEoDR.oHIKMAToALIoAHMEDo RESIDENToOFoHOUSEoNO.o96,oBHETAPARAoROAD,oPOoANDoPSoHATIGAON,o DISToKAMRUPoMoASSAMo781038 2:oZEIBAoNAZNEENoAHMED oD/OoLATEoDR.oHIKMAToALIoAHMEDo RESIDENToOFoHOUSEoNO.o96 oBHETAPARAoROAD oPOoANDoPSoHATIGAON oDISToKAMRUPoMoASSAMo78103o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFo ASSAM,REVENUEoANDoDISASTERoMANAGEMENToDISPURoGUWAHATIo06 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDISPURoGUWAHATIo06 3:THEoDEPUTYoCOMMISSIONER oBARPETA oASSAMo781301 4:THEoCIRCLEoOFFICER oBARPETA oPOoBARPETA oASSAMo781301 5:MAHIMAoKHATUN oW/OoLATEoDR.oHIKMAToALIoAHMED Page No.# 2/5 PERMANENT RESIDENT OF MUSLIM PATTI BARPETA ASSAM 781301 6:MUNIM AHMED S/O LATE DR. HIKMAT ALI AHMED PERMANENT RESIDENT OF MUSLIM PATTI BARPETA ASSAM 781301 REP. BY RES. NO. Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY