Gauhati High Court
Aurobindo Vidyamandir High ... vs The State Of Assam And 9 Ors on 20 September, 2022
Page No.# 1/6
GAHC010250042019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/1273/2022
AUROBINDO VIDYAMANDIR HIGH SCHOOL and 3 ORS
PROVINCIALISED
ULUBARI
GHY-7
RAM KRISHNA MISSION ROAD
REP. BY ITS IN CHARGE
HEADMISTRESS AND MEMBER SECY.
VERSUS
THE STATE OF ASSAM AND 9 ORS
REP BY THE COMMISSIONER AND SECRETARY
DEPTT. OF REVENUE AND DISASTER MANAGEMENT
DISPUR
GUWAHATI-06
2:THE COMMISSIONER AND SECRETARY
DEPTT OF REVENUE AND DISASTER MANAGEMENT
GOVT OF ASSAM
DISPUR
GUWAHATI-6
------------
Advocate for : MR.R HAZARIKA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 9 ORS
Linked Case : WP(C)/6789/2015
AUROBINDO VIDYAMANDIR HIGH SCHOOL and 3 ORS
Page No.# 2/6
PROVINCIALISED
ULUBARI
GHY-7
RAM KRISHNA MISSION ROAD
REP. BY ITS IN CHARGE
HEADMISTRESS AND MEMBER SECY.
2: THE IN CHARGE
HEADMISTRESS
SRI AUROBINDO VIDYAMANDIR HIGH SCHOOL
PROVINCIALISED
ULUBARI
RAM KRISHNA MISSION ROAD
GHY-7
3: THE MANAGING COMMITTEE
SRI AUROBINDO VIDYAMANDIR HIGH SCHOOL
PROVINCIALISED
ULUBARI
RAM KRISHNA MISSION ROAD
GHY-7
REP. BY ITS PRESIDENT SRI CHITTARANJAN POTAWARY
4: THE PRESIDENT
SRI AUROBINDO VIDYAMANDIR HIGH SCHOOL
PROVINCIALISED
ULUBARI
RAM KRISHNA MISSION ROAD
GHY-7
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE COMMISSIONER and SECY.
REVENUE and DISASTER MANAGEMENT DEPTT.
DISPUR
GHY-6
2:THE DY. SECY. TO THE GOVT. OF ASSAM
REVENUE and DISASTER MANAGEMENT DEPTT.
DISPUR
GHY-6
DIST- KAMRUP METRO
ASSAM
3:THE DY. COMMISSIONER
DIST- KAMRUP METRO
GHY-1
4:THE ADDL. DY. COMMISSIONER
KAMRUP METRO
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GHY-1
5:THE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE
PAN BAZAR
GHY-1
6:THE GAUHATI MUNICIPAL CORPORATION
REP. BY ITS COMMISSIONER
GHY-1
DIST- KAMRUP METRO
7:THE COMMISSIONER
GMC
PANBAZAR
GHY-1
DIST- KAMRUP METRO
8:THE COMMISSIONER OF POLICE
GUWAHATI
DIST- KAMRUP METRO
9:PALTAN BAZAR SAK PACHALI KHUDRA BYBASAYEE SANTHA
A.T. ROAD
PALTAN BAZAR
GHY-1
REP. BY ITS PRESIDENT SRI DIGAMBAR BARMAN
S/O LT. RAMESWAR BARMAN
10:FOIMUR ALI
S/O LT. TOISUR ALI
ISLAMPUR
GHY-3
SECY.
PALTAN BAZAR SAK PACHALI KHUDRA BYBASAYEE SANTHA
------------
Advocate for : MR.R HAZARIKA
Advocate for : MR.M R CHOUDHURY appearing for THE STATE OF ASSAM AND
7 ORS
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
20-09-2022
1. Heard Shri J. Roy, learned Senior Counsel for the applicant. Also heard Ms.
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G. Hazarika, learned Standing Counsel, Revenue for respondent nos. 1 & 2, Shri
N. Goswami, learned State Counsel for respondent nos. 3, 4, 5 & 8, Shri S. Bora,
learned Standing Counsel for respondent nos. 6 & 7 and Shri M.H. Ahmed,
learned Standing Counsel for respondent nos. 9 & 10.
2. The instant Interlocutory Application has been filed in the disposed of writ
petition making the following prayers:
"In the premises aforesaid it is most respectfully prayed that Your Lordships
may be pleased to admit this application thereby direct the Circle Officer,
Guwahati Revenue Circle, Panbazar, Guwahati, in the district of Kamrup (M),
Assam (Respondent No. 5) for proper implementation of the order dated
05.01.2017 passed by the Hon'ble Court in W.P. (C) No. 6789/2015 (Aurobindo
Vidyamandir (Provincialised) High School & 3 Ors. -vs- The State of Assam & 7
Ors.) in its letter and spirit and conduct a detail survey and measurement of
Dag. No. 1772 and 1774 of revenue village- Ulubari Gaon, under Ulubari Mouza,
Guwahati, so that actual report on Dag No. 329,330,336,337,338 of revenue
village - Ulubari Gaon, under Ulubari Mouza, Guwahati can be prepared /
submitted by the Respondent authority concerned and / or may be pleased to
pass such other order or orders as your Lordship may deem fit and proper in
the interest of justice."
3. It is the case of the petitioner that initially a review application was filed
before this Court being Review Petition No. 181/2019 for review of the present
order dated 05.01.2017 passed in the accompanying writ petition. However, in
the said Review petition, an observation was made that the review applicant
may take appropriate steps in view of the difficulties expressed by the Circle
Officer which he has indicated in the communication dated 07.04.2017 to the
learned Senior Government Advocate of this Court.
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4. By the aforesaid communication dated 07.04.2017, the Circle Officer has
informed that though a detailed order was directed to be passed in respect of
the plots of land in question, the same can be done only after measurement of
Dag Nos. 1772 and 1774 for which a clarification be obtained from the Court.
The learned Senior Counsel for the applicant accordingly submits that the
present application has been filed seeking such clarification that measurement
of the aforesaid two Dags be made so as to pass a detailed order as directed by
this Court in the judgment dated 05.01.2017 passed in WP(C)/6789/2015.
5. The prayer made in the Misc Case is not opposed by the learned counsel for
the respondents. However, Shri Ahmed, the learned counsel for the respondent
nos. 9 & 10 has submitted that while making the report, all the facts and
circumstances, may be taken into account so that the actual picture may be
reflected in the same.
6. This Court is of the opinion that since the earlier order passed by this Court
was not clear in this aspect and on the specific difficulty expressed in the
communication dated 07.04.2017, it is made clear that while preparing the
report in terms of the earlier order of this Court, the authorities are at liberty to
make due measurements of the plots of land under Dag Nos. 1772 and 1774.
7. It is needless to say that all the attending facts and circumstances be taken
into account so that no apprehension is left in the minds of the contesting
parties while preparing the report.
8. The Interlocutory Application accordingly stands disposed of.
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9. The parties are given liberty to make a mention for listing of the review
after the report is furnished.
JUDGE
Comparing Assistant
