Putul Nath and 3 Ors v. The State of Assam and 3 Ors

ORDER

01.04.2024 Heard Mr. P.K. Munir, learned counsel for the petitioners. Also heard Ms. U. Das, learned Addl. Senior Government Advocate for the respondent Nos. 2, 3 & 4 and Mr. A. Bhattacharya, learned Standing Counsel Revenue for respondent No. 1. By filing this writ petition, the petitioners are challenging the order of the Addl. District Magistrate, Kamrup Metropolitan District, Guwahati dated

28.10.2021, whereby the Next of Kin Certificate issued in the name of the petitioners were cancelled. The facts of the case is that on the death of Bindeswari Prasad, the petitioners being the legal heir applied for the Next of Kin Certificate and the same was granted in their names by Order dated 06.01.2017. Subsequently, the aforesaid Next of Kin Certificate was cancelled on 28.10.2021 without giving any opportunities to the petitioners. Accordingly, the present writ petition has been filed. I have heard the submissions made at the bar. It appears that the Next of Kin Certificate issued in the name of the petitioners were cancelled by the impugned Order dated 28.10.2021, without affording any opportunities to the petitioners. Therefore, the said act is illegal. It further appears that the petitioner No. 4 had filed an application before the Court of the Addl. Deputy Commissioner, Kamrup at Guwahati for withdrawing the impugned Order dated 28.10.2021, whereby the Next of Kin Page No.# 4/4 Certificate issued in favour of the petitioners were cancelled. It further appears that the aforesaid application is still pending. Considering that the impugned order was passed cancelling the Next of Kin Certificate issued in favour of the petitioners without affording any opportunities to the petitioners and that the application of the petitioners for revewing the said cancellation order is pending, this Court is of the considered view that, for the ends of justice, this petition can be disposed of with a direction to the respondent authorities, particularly the Addl. District Magistrate, Kamrup to consider the matter afresh by hearing all the parties including the legal heirs. Needless to clarify that the petitioners are at liberty to place all related documents before the authorities at the time of the hearing. The exercise shall be completed within a period of 1 (one) month from the date of receipt of a certified copy of this order. Resultantly, the impugned Order dated 28.10.2021 passed by the Addl. District Magistrate, Kamrup Metropolitan District, Guwahati is hereby set aside and quashed. This writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010225192021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7253/2021o PUTULoNATHoANDo3oORS.o W/O-oLATEoSURYAoNATHo,oR/O-oLALGANESH,oADAGUDAM,oHOUSEoNO-o12,o SRIBHUMIoNAGARoPATH,oPOSToOFFICE-oODALBAKRA,oP.S-oDISPUR,oDIST-o KAMRUPo(M),oASSAM 2:oPARESHoNATH oS/O-LATEoSURYAoNATHo oR/O-oLALGANESH oADAGUDAM oHOUSEoNO-o12 oSRIBHUMIoNAGARoPATH oPOSToOFFICE-oODALBAKRA oP.S-oDISPUR oDIST-oKAMRUPo(M) oASSAM 3:oKUNDANoNATH oS/O-oLATEoSURYAoNATHo oR/O-oLALGANESH oADAGUDAM oHOUSEoNO-o12 oSRIBHUMIoNAGARoPATH oPOSToOFFICE-oODALBAKRA oP.S-oDISPUR oDIST-oKAMRUPo(M) oASSAM 4:oSHIBUoNATH oS/O-LATEoSURYAoNATHo oR/O-oLALGANESH oADAGUDAM oHOUSEoNO-o12 oSRIBHUMIoNAGARoPATH oPOSToOFFICE-oODALBAKRA Page No.# 2/4 P.S- DISPUR DIST- KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM AND 3 ORS. REP BY THE COMMISSIONER AND SECRTETARY , GOVT. OF ASSAM, DEPARTMENT OF REVENUE, DISPUR , GHY-06, KAMRUP (M), ASSAM 2:THE DEPUTY COMMISSIONER GUWAHATI PIN- 781001 KAMRUP (M) ASSAM 3:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE BASISTHA CHARIALI GUWAHATI PIN- 781029 KAMRUP (M) ASSAM 4:THE ADDITIONAL DISTRICT MAGISTRATE KAMRUP (METRO) GUWAHATI PIN- 781001 KAMRUP (M) ASSA Advocate for the Petitioner : MR. P K MUNIR Advocate for the Respondent : GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI