Page No.# 1/3 vs The State Of Assam And 3 Ors
2021 Latest Caselaw 1100 Gua

                                                                    Page No.# 1/3

GAHC010049612021




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

                           Case No. : WP(C)/1918/2021

         BIJOY BORA AND ANR.
         S/O- LT. BHULIRAM BORA, R/O- NO. 2 GODARBORI, P.O. JAMUGURI, P.S.
         JAJORI, DIST.- NAGAON, ASSAM, PIN- 782142

         2: PRAMOD BORTHAKUR
          S/O- LT. KALINATH BORTHAKUR
          R/O- NO. 2 GEDARBORI
          P.O. JAMUGURI
          P.S. JAJORI
          DIST.- NAGAON
         ASSAM
          PIN- 78214

         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REP. BY THE COMM. AND SECY., REVENUE AND DISASTER
         MANAGEMENT DEPTT., DISPUR, GHY-06

         2:THE DY. COMMISSIONER
          OF NAGAON P.O. AND P.S. NAGAON
          DIST.- NAGAON

         3:THE CIRCLE OFFICER
          NAGAON SADAR REVENUE CIRCLE AT NAGAON
          DIST.- NAGAON

         4:BHABEN CHANDRA BORA
          S/O- LT. BENUDHAR BORA
          R/O- KURUWABAHI SATRA
          P.O. JAMUGURI
          P.S. JAJORI
          DIST.- NAGAON
         ASSAM
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              PIN- 78214

Advocate for the Petitioner   : MR. S CHAUHAN

Advocate for the Respondent : SR. GA, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

                                           ORDER

Date : 22.3.2021

Heard Mr. S. Chauhan, learned counsel for the petitioners. Also present Mr. P. S. Deka, learned Standing Counsel, Revenue and Disaster Management Department respondent No.1.

The late father of the respondent No. 4 filed Title Suit No. 90/1998 in the court of the then Civil Judge (Jr. Divn.) Nogaon against the present petitioners as the defendants. The suit was for declaration and recovery of possession in respect of 15 lechas of land . The suit was decreed in favour of the late father of respondent No. 4. However, the relief of recovery of possession was not granted except the declaration of right title and interest and injunction.

It would not be out of place to mention herein that the petitioners filed written statement in the said suit. The petitioners were surprised to receive a notice issued by the Circle Officer, Nagaon Sadar Revenue Circle wherein the petitioners were directed to be present on 22.3.2021 on the allegation made by respondent No.4 that they encroached the land of the respondent No. 4. It is submitted by Mr. Chauhan that the late father of respondent No. 4 also preferred an appeal against the judgment passed by the trial court which was dismissed. Now the said respondent No. 4 has initiated the proceeding for dispossession of the petitioners from the suit land of 15 lechas which relief was not granted by the learned Civil Court but through the Circle Officer, Nagaon Sadar Revenue Circle .

In view of the same Mr. Chouhan sought for setting aside and quashing of the impugned notice alongwith the proceeding initiated by Circle Officer, Nagaon Sadar Revenue Circle in Misc. Case No. 125/2020-21. I have heard Mr. Deka and satisfied that the Page No.# 3/3

petitioner has a strong case primafacie to be heard. In view of the same, let notice be issued.

Mr. Deka accepts notice for respondent No. 1 and Ms. D. D. Barman, learned Addl. Senior Govt. Advocate accepts notice for respondent nos.2 and 3. Necessary extra copies be served on the learned counsel for the respondents.

Petitioners shall take steps on the private respondent No. 4 within a period of three days from today by way of registered post A/D and usual process. Notices are made returnable after four weeks.

Till the next returnable date the proceeding in Misc Case No. 125/2020-21 pending before the Circle Officer, Nagaon Sadar Circle Office is stayed.

JUDGE

Comparing Assistant