Subash Chandra Saha vs Basanta Kumar Baishya And 4 Ors
2021 Latest Caselaw 3587 Gua

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GAHC010188882021




                           THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                              Case No. : WP(C)/6404/2021

           SUBASH CHANDRA SAHA
           S/O LATE SURESH CHANDRA SAHA,
           RESIDENT OF ODALBAKRA, NEAR MODERN ENGLISH SCHOOL, PO
           LALGANESH, PS DISPUR, KAMRUP(M) ASSAM, 781034

           VERSUS

           BASANTA KUMAR BAISHYA AND 4 ORS.
           SON OF TARUN CH. BAISHYA, RESIDENT OF CHANDMARI, MILANPUR, PS
           CHANDMARI, GUWAHATI 781021, KAMRUP (M) ASSAM

           2:ASSAM BOARD OF REVENUE
            GUWAHATI
            781001

           3:THE DEPUTY COMMISSIONER
            KAMRUP(M) GUWAHATI 781001

           4:SUB DIVISIONAL DEPUTY COMMISSIONER
            KAMRUP (M) ASSAM

            5:CIRCLE OFFICER
            AZARA REVENUE CIRCLE
            AZARA
             KAMRUP (M) ASSA
Advocate for the Petitioner : MR. S K GHOSH

Advocate for the Respondent : GA, ASSAM

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

22.12.2021

Heard Mr. S. K. Ghosh, learned counsel for the petitioner and Mr. B. Deuri, learned Government Advocate, Assam for the respondent Nos. 3 to 5.

This writ petition is filed against the common judgment and order dated 09.09.2021 passed by the Assam Board of Revenue, Guwahati in Revenue Appeal No. 73 RA (K)/2017.

Issue notice, returnable by 25.01.2022.

As Mr. B. Deuri, learned Government Advocate, Assam accepts notice, no formal notice need be issued to respondent Nos. 3 to 5.

The petitioner shall serve requisite extra copies of this petition along with the annexures appended thereto to Mr. B. Deuri, learned Government Advocate, Assam by tomorrow (i.e., 23.12.2021), obtaining necessary acknowledgment from him in that regard.

The petitioner shall take steps for service of notice on the respondent No. 1 and 2 by registered post with A/D by tomorrow, i.e. on 23.12.2021, providing their proper and correct addresses with requisite postal stamps.

Call for the records of (i) Misc. Case No.70/2014-15 wherein the concerned Circle Officer, Azara Circle Office passed the order dated 07.09.2013 (ii) Revenue Appeal (M) 15/2016-2017 from the Court of Sub-Divisional Office, Kamrup (Metropolitan), Guwahati wherein the concerned Sub-Divisional Office passed an order on 03.10.2017 and (iii) the records of Revenue Appeal No. 73 RA (K)/2017 from the Court of the learned Assam Board of Revenue, Guwahati.

Interim prayer of the petitioner shall be considered on the returnable date (i.e., 25.01.2022) after due service of notice on the respondent Nos. 1 and 2 and on receipt of the relevant records, noted above.

List this matter along with WP(C) No.5932/2021.

JUDGE

Comparing Assistant