Resident Of Protech View vs Basanta Kumar Baishya And 4 Ors
2021 Latest Caselaw 3588 Gua

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GAHC010188882021




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

                   Case No. : WP(C)/6406/2021

         PINAK MALAKAR
         S/O LATE PRAMTHESH CH. MALAKAR

         RESIDENT OF PROTECH VIEW
         HENGARBARI
         FLAT NO. 7A
         PO AND PS DISPUR GUWAHATI 781006
         DIST KAMRUP M ASSAM


          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) ASSAM
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Advocate for : MR. S K GHOSH Advocate for : GA ASSAM appearing for BASANTA KUMAR BAISHYA AND 4 ORS.

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. 74 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) 14/2016-2017 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. 74 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., Page No.# 3/3

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 along with WP(C) No.5932/2021.

JUDGE

Comparing Assistant