Page No.# 1/3 vs The State Of Assam And 2Ors
2022 Latest Caselaw 1422 Gua

                                                                   Page No.# 1/3

GAHC010144522021




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

                                 Case No. : WP(C)/4761/2021

            PURBANCHAL CEMENT LTD. AND ANR.
            HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT MEGHA
            PLAZA, 2ND FLOOR, BASISTHA CHARIALI, GUWAHATI 781029,
            REPRESENTED BY ITS DIRECTOR, SHRI DHAN DEY, WHO IS ALSO THE
            AUTHORISED SIGNATORY OF THE PETITIONER NO. 1

            2: SHRI DHAN BEY
             S/O LATE FAGUNA MIKIR ALSO KNOWN AS LATE FAGONA BEY
            RESIDENT OF VILLAGE TAMULIKUCHI
            PO AND PS SONAPUR
             KAMRUP (M) ASSA

            VERSUS

            THE STATE OF ASSAM AND 2ORS.
            REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT
            OF REVENUE, GOVT. OF ASSAM, DISPUR GUWAHATI 06

            2:THE CIRCLE OFFICER

            SONAPUR REVENUE CIRCLE
            SONAPUR
            KAMRUP (M)

            3:MONSING RONGPI
             S/O. LATE MOKSU RONGPI
             R/O. VILL. TAMLIKUCHI
             P.O. TAMLIKUCHI, P.S. SONAPUR, DIST. KAMRUP (M)
            ASSAM

Advocate for the Petitioner   : MR. S P ROY

Advocate for the Respondent : GA, ASSAM
                                                                      Page No.# 2/3




                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                     ORDER

Date : 29.4.2022

A prayer of adjournment is made on behalf of Mr. S. P. Roy learned counsel,

for the petitioners. Heard Ms. N.Bordoloi, learned Standing Counsel Revenue

Department for respondent No. 1.

Mr. T. Deuri, learned counsel for the respondent submits that affidavit on

behalf of the respondent Circle Officer has already been filed but the same is

not on the record.

Registry is directed to do the needful.

Mr. N.N.B.Choudhury, learned counsel for the respondent No. 3 submits

that while passing the interim order dated 20.9.2021 it was not brought on

record the existence of the judgment of Hon'ble Division Bench passed in

PIL 78/2012 (Pradyut Kr. Bora Vs State of Assam and ors). Mr. NNB Choudhury

learned counsel for further submits that the present land is also under the

tribal belt as reflected in the said Judgment Pradyut Kr. Bora(supra) .

Mr.Choudhury contends that the Hon'ble Division Bench in no un ambiguous

term directed the Deputy Commissioners of different districts including Kamrup

to strictly implement the chapter 'X' of the Assam Land and Revenue Page No.# 3/3

Regulation 1886 in its true sprite. It was further directed in the said judgment

that if appropriate steps are not taken by the concerned authority to give effect

to the order of Hon'ble Division Bench, appropriate cost shall be recovered

from the concerned officer. It is further submitted by Mr. NNB Choudhury that

by virtue of such dictum of the judgment of Division Bench the present

process has been initiated . It is also the case of the respondent No. 3 that

since the matter is in seision before the Circle Officer and the Circle Officer is

exercising power under Chapter 'X' of the Regulation 1886, the same should

be remanded back to the Circle Officer for proper adjudication instead of taking

a decision in exercise of power under Article 226 of the Constitution of India,

in as much as the issue involve disputed question of fact.

However on the prayer of Mr. S. P. Roy, this court is inclined to adjourn this

matter.

Accordingly, list this matter on 20.5.2022 showing the name of Mr. N.N.B.

Choudhury, learned counsel for the respondent No.3.

Till then status quo in respect of plots of land involving the petitioner as well

as respondent No.3 be maintained.

JUDGE

Comparing Assistant