Gauhati High Court
Malati Rabha (Patar) vs The State Of Assam And 8 Ors on 20 May, 2022
Page No.# 1/4
GAHC010093222022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3254/2022
MALATI RABHA (PATAR)
W/O- LATE RAMEN PATAR
R/O- VILLAGE NO- 2 DHAMKHUNDA
P.O- KAMARPUR
P.S- PRAGJYOTISHPUR (CHANDRAPUR)
DIST- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND 8 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, REVENUE AND D.M DEPARTMENT , GOVT. OF ASSAM,
SACHIVALAYA, DISPUR, GUWAHATI-6, ASSAM
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
REVENUE AND D.M DEPARTMENT
GOVT. OF ASSAM
SACHIVALAYA
DISPUR
GUWAHATI-6
ASSAM
3:THE DEPUTY COMMISSIONER
KAMRUP (M) DISTRICT
ASSAM
4:THE ADDL. DEPUTY COMMISSIONER (REVENUE)
KAMRUP (M)
DISTRICT
ASSAM
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5:THE CIRCLE OFFICER
SONAPUR REVENUE CIRCLE
SONAPUR
KAMRUP (M)
ASSAM
6:AJAY DEY
S/O- LATE ATUL CHANDRA DEY
R/O- KALAPAHAR
PAHARTOLI
HOUSE NO-46
BY LANE NO. 2
GUWAHATI-781008
DIST- KAMRUP (M)
ASSAM
7:NIRMAL BORO
S/O- PONARAM BORO
R/O- DIGARU
BELGURI
P.S- SONAPUR
DIST- KAMRUP (M)
ASSAM AND PRESENTLY RESIDING AT
FLAT NO-301
SIBAM APARTMENT
RUKMINIGAON
NEAR G.S ROAD
GUWAHATI-781022
DIST- KAMRUP (M)
ASSAM
8:MALA HANDIQUE
W/O- JAY CHANDRA HANDIQUE
R/O- JAYANAGAR SIXMILE
GUWAHATI-781022
DIST- KAMRUP (M)
ASSAM
9:HITESH HANDIQUE
S/O- HOMEN HANDIQUE
R/O- JAYANAGAR SIXMILE
GUWAHATI-781022
DIST- KAMRUP (M)
ASSA
Advocate for the Petitioner : MR S BORTHAKUR
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Advocate for the Respondent : SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
20.05.2022
Heard Shri S. Borthakur, learned counsel for the petitioner, who is aggrieved by a
judgment dated 09.09.2021 passed by the Assam Board of Revenue at Guwahati in
Revenue Appeal No. 23 RA(K) 2017 thereby setting aside and quashing the order
dated 30.12.2004 passed by the Circle Officer, Sonapur Revenue Circle, Kamrup (M) in
Misc Case No. 22/2003-04.
2. Shri Borthakrur, the learned counsel for the petitioner apart from submitting on
merits of the dispute has submitted that in the proceeding before the learned Court of
Revenue, the present petitioner was not even made a party although her rights and
interest are very much affected and the judgment have been passed without affording
any opportunity of hearing.
3. Issue Notice, returnable by 6(six) weeks.
4. Shri R. Borpujari, learned Standing Counsel, Revenue Department accepts
notice on behalf of the respondent nos. 1 and 2 whereas Ms. S. Sarma, learned State
Counsel accepts notice on behalf of the respondent nos. 3 to 5. Extra copies of the
writ petition be served upon the learned State Counsel by Monday.
5. Petitioner to take steps for service of notice upon the private respondent nos. 6
to 9 by registered post with A/D. Steps by Monday.
6. Heard the learned counsel on the interim prayer.
7. After hearing, it is directed that until further orders, impugned judgment dated
09.09.2021 passed by the Assam Board of Revenue at Guwahati in Revenue Appeal
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No. 23 RA(K) 2017 thereby setting aside and quashing the order dated 30.12.2004
passed by the Circle Officer, Sonapur Revenue Circle, Kamrup (M) in Misc Case No.
22/2003-04 shall remain suspended.
8. Since this order has been passed ex-parte qua the private respondent, they are
at liberty to come up for modification / alteration, if so advised.
9. List accordingly.
JUDGE
Comparing Assistant
