Page No.# 1/4 vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2704 Gua

                                                              Page No.# 1/4

GAHC010161102021




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

                        Case No. : WP(C)/5828/2021

         RAMEN BARUAH AND 2 ORS
         FATHER LATE BANSI BARUAH
         VILLAGE RANGCHALIA KATHOBARI, PO BACHOLA, DIST SONITPUR,
         ASSAM, 784182

         2: SRI TRIDIP BARUAH
          FATHER LATE GAJEN BARUAH
         VILLAGE RANGCHALIA KATHOBARI
          PO BACHOLA
          DIST SONITPUR
         ASSAM
          784182

         3: SRI JEVAN BARUAH
          FATHER LATE CHANDRA BARUAH
         VILLAGE RANGCHALIA KATHOBARI
          PO BACHOLA
          DIST SONITPUR
         ASSAM
          78418

         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, PANCHAYAT RURAL DEVELOPMENT DEPARTMENT, DISPUR
         GUWAHATI 781006, DIST KAMRUP M ASSAM

         2:THE PRINCIPAL SECRETARY
          PANCHAYAT RURAL DEVELOPMENT DEPARTMENT
          DISPUR
         781006
          KAMRUP(M)
         ASSAM
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            3:THE DEPUTY COMMISSIONER

             SONITPUR
             TEZPUR
             ASSAM

            4:THE EXECUTIVE OFFICER

             MURADOI GAON PANCHAYAT
             BORSILA
             DIST SONITPUR
             ASSA

Advocate for the Petitioner   : MR. R P HAZARIKA

Advocate for the Respondent : GA, ASSAM




                                           BEFORE
                 HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                           ORDER

08-11-2021

Heard Mr. R. P. Hazarika, learned counsel for the petitioner and Mr. A. Roy, learned Standing counsel, P&RD Department for the respondent Nos. 1, 2 and 4. Also heard Ms. S. Sarma, learned Government Advocate, Assam for the respondent No.3.

Petitioners belong to village Rangchalia Kathobari in the District of Sonitpur, Assam.

Some persons representing as Kathobari Gaon Unnayan Samittee preferred a suit being T.S. No. 45/1997 for permanent mandatory injunction for correction of the name of the petitioners' village as Kathobari instead of Rangchalia Kathobari. However, by judgment and decree dated 20.11.2000 the said T.S. No.45/1997 was dismissed by the Court of learned Civil Judge, (Junior Division), No.2, Tezpur.

Against the same, the plaintiff of said suit i.e., T.S. No. 45/1997 preferred an appeal being T.A. No .3/2001 and the Court of learned Civil Judge, Sonitpur after hearing the matter by order dated 26.05.2003 dismissed the said appeal and upheld and affirmed the judgment and decree dated 20.11.2000 in said T.S. No.45/1997 passed by learned Civil Judge, (Junior Page No.# 3/4

Division), No.2, Tezpur.

Being aggrieved with the same, one Ranjit Saikia preferred Second Appeal before this Court being RSA No. 156/2003, which too was dismissed by judgment and order dated 21.04.2015 upholding the decision of the learned appellate Court dated 26.05.2003, passed in T.A. No.3/2001 by the learned Civil Judge, Sonitpur, Tezpur, noted above.

Petitioners contended that inspite of said judgment and decree dated 20.11.2000 passed in T.S. No.45/1997 by learned Civil Judge, (Junior Division), No.2, Tezpur affirmed by the Appellate Court in T.A. No.3/2001 as well as by this Court in RSA No. 156/2003, the Deputy Commissioner, Sonitpur has not yet changed the name of the said village to Rangchalia Kathobari and it still continues as Kathobari. In that regard, the petitioners have also annexed photocopies of Sign Board/Banners of the authorities of Sonitpur District of various schemes under MGNREGA pertaining to the said village including name of the concerned Anganwadi Center of the village.

Though the petitioners have filed representation before the respondent No.4 Executive Officer, Murdoi Gaon Panchayat, to rename the said village as Rangchalia Kathobari instead of Kathobari, it is stated that the respondents have not yet taken any steps to rename the said village as Rangchalia Kathobari instead of Kathobari in spite of such orders of the Courts of law, noted above. Hence, this writ petition by the petitioners.

List on 01.12.2021 enabling the respondent Nos. 1 in the P&RD Department as well as respondent No. 3, Deputy Commissioner, Sonitpur to place the relevant instruction regarding renaming of the village Kathobari as Rangchalia Kathobari in terms of the decree dated 20.11.2000, passed by the learned Court of Civil Judge, (Junior Division), No.2, Tezpur in T.S. No.45/1997, upheld by the learned Civil Judge, Sonitpur on 20.05.2003 in T.A. No.3/2001 and the judgment and order dated 21.04.2015, passed by this Court in RSA No.156/2003, noted above.

Petitioners shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. A. Roy, learned Standing counsel, P&RD Department for the respondent Nos. 1, 2 and 4 and Ms. S. Sarma, learned Government Advocate, Assam for the respondent No. 3 by tomorrow.

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Copies of this order be furnished to Mr. A. Roy, learned Standing counsel, P&RD Department and Ms. S. Sarma, learned Government Advocate, Assam for their necessary use.

JUDGE

Comparing Assistant