Sumud Hojai vs The State Of Assam And 4 Ors
2023 Latest Caselaw 240 Gua

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GAHC010014652023




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

                             Case No. : CRP/10/2023

         SUMUD HOJAI
         S/O- LATE K K HOJAI, R/O-VILL- DIBRAI, P.O AND P.S- HAFLONG, PIN-
         788819, DIST- DIMA HASAO, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMMISSIONER AND SECRETARY, HILLS AREA
         DEVELOPMENT, DISPUR, GHY- 781006

         2:THE NC HILLS AUTONOMOUS COUNCIL
          REP. BY THE PRINCIPAL SECRETARY (N)
          HAFLONG
          PIN- 788819
          DIMA HASAO
         ASSAM

         3:THE SECRETARY
          REVENUE SETTLEMENT AND REVENUE DEPTT
         THE NC HILLS AUTONOMOUS COUNCIL
          HAFLONG
          PIN- 788819
          DIMA HASAO
         ASSAM

         4:THE SECRETARY AND REVENUE OFFICER
          NC HILLS AUTONOMOUS COUNCIL
          HFLONG
          PIN- 788819
          DIMA HASAO
         ASSAM
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            5:SUKLA HAFLONGBAR
            W/O- LATE HEMENDRA HAFLONGBAR
             R/O- VILL- RANGAPUR
             HARANGJAO
             DIST- DIMAHASAO
             PIN- 788818
            ASSA

Advocate for the Petitioner   : MR. M DAS

Advocate for the Respondent : GA, ASSAM




                                            BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

23. 01. 2023

Heard Mr. S Bharali, learned counsel for the petitioner. Also heard Mr. C Sarma, learned standing counsel for the Dima Hasao district and Ms. U Das, learned counsel appearing for the respondent No. 1.

By way of the present petition, the petitioner has assailed the judgment and order dated 11.11.2022 passed by the learned court of Judge Sub-Ordinate, Dima Hasao Autonomous Council Court, whereby the settlement of land made in favour of the petitioner herein has been cancelled on the application of respondent No. 5. The basic grievance of the petitioner is that the due procedure of law required to be followed to arrive at the impugned decision has been flouted and the petitioner was not given any reasonable opportunity of hearing, including to cross- examine the witnesses of respondent No. 5.

Mr. Bharali in his usual fairness submits that though an appeal lies before appellate authority, however, said post is now being held by Joint Page No.# 3/3

Secretary, who is also In-charge Judge Sub-Ordinate, therefore the remedy available shall not be an efficacious remedy.

Be that as it may, considering the procedure followed by Judge Sub- Ordinate, this court is of the opinion that further consideration is necessary in this matter.

Accordingly, let a notice be issued making it returnable after four weeks.

Mr. C Sarma accepts notice on behalf of respondent Nos. 2 to 4 and Ms. U Das accepts notice on behalf of respondent No. 1. Extra copies be furnished to them. Petitioner to take steps for service of notice upon the respondent No. 5 by way of registered post with A/D and by usual process within a period of three days from today.

Till the returnable date, the impugned judgment and order dated 11.11.2022 and the order dated 30.12.2022 passed by the Secretary Revenue, N.C. Hills Autonomous Council cancelling the mutation in favour of the mother of the present petitioner shall remain suspended.

JUDGE

Comparing Assistant