Nurul Islam and 3 Ors v. The State of Assam and 4 Ors

ORDER

30.07.2024 Heard Mr. M.H. Ahmed, learned counsel for the petitioners. Mr. J. Handique, learned counsel appears for the respondent Nos. 1-4, while Mr. M.U. Mahmud, learned counsel appears for the respondent No.5.

¶2The petitioners herein are government Kajis, who are aggrieved by the Page No.# 3/4 activities of the respondent No.5, who is a registered Kaji under the Act. The grievance of the petitioners is that the respondent No.5 has got defined jurisdiction over the villages of Pacca Betbari Mouza, Part of Bhabanipur Mouza and part of Pacca Betbari Mouza in the district of Barpeta, within which he is required to discharge his duties. However, he has appointed agents in various parts of the state of Assam, who are conducting marriages beyond his jurisdiction.

¶3On the other hand, the stand of the respondent No.5 is that the petitioners are doing work beyond their jurisdiction. The respondent No.5 also denies the allegations made by the petitioners.

¶4The counsels for the respondents submit that the present case has become infructuous, in view of the repeal of the Assam Moslem Marriages and Divorces Registration Act, 1935 (hereinafter referred to as the 'Act'), vide Notification No.LGL.13/2024/8 dated 16.03.2024 issued by the Secretary to the Government of Assam, Legislative Department. They submit that in view of the repeal of the Act, there are no more registered government Kajis to discharge duties under the Act.

¶5Mr. J. Handique, learned counsel for the respondent Nos.1-4 has produced Notification dated 16.03.2024 published in the Assam Gazette, which is the Assam Repealing Ordinance, 2024, which has repealed the Assam Moslem Marriages and Divorces Registration Act, 1935.

¶6In view of the above Ordinance, there is nothing left to adjudicate in the matter at this stage. Page No.# 4/4

¶7Accordingly, the writ petition is closed due to the repeal of the Assam Moslem Marriages and Divorces Registration Act, 1935, vide the Assam Repealing Ordinance, 2024. It is needless to add that if a new/fresh cause of action arises, the petitioner may agitate the issue afresh.

¶8The Notification dated 16.03.2024 is made a part of the record and marked as Annexure-X.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010155722018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6117/2018o NURULoISLAMoANDo3oORS.o MUSLIMoMARRIAGEoREGISTRARoANDoKAZI,oBAHARIoBAZAR,oP.O.o BAHARIHAT,oDIST-oBARPETA,oASSAM 2:oNARULoAKHTAR oKAZIoANDoMUSLIMoMARRIAGEoREGISTRAR oBARPETAoSADAR oP.O.oBARPETA oDIST-oBARPETA oASSAM 3:oABDULoKAFIoMIA oMUSLIMoMARRIAGEoREGISTRARoANDoKAZI oSORBHOG oP.O.oSORBHOG oDIST-oBARPETA oASSAM 4:oMAINULoHOQUE oS/O-oNAYEBoALI oVILL-oPANIMORISAoPATHAR oP.O.oNALIGAON oMOUZA-oPACA oDIST-oBARPETA oASSAM oPIN-o78135o VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o THROUGHoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM,oREVENUEo (REGISTRATION)oDEPTT.,oDISPUR,oGHY-6 2:THEoINSPECTORoGENERALoOFoREGISTRATION Page No.# 2/4 ASSAM RUPNAGAR GHY-32 3:THE DISTRICT REGISTRAR CUM DY. COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN- 781301 4:THE SUB REGISTRAR BARPETA P.O. AND P.S. BARPETA DIST- BARPETA ASSAM PIN- 781301 5:MD. ABDULLAH KHAN S/O- LT LUTFUR RAHMAN KHAN VILL- GOMAFULBARI P.O. FULBARI P.S. TARABARI DIST- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA