Pakhindra Deka vs Assam Borad Of Revenue And 3 Ors
2024 Latest Caselaw 40 Gua

Gauhati High Court

Pakhindra Deka vs Assam Borad Of Revenue And 3 Ors on 4 January, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                      Page No.# 1/3

GAHC010013862013




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

                               Case No. : WP(C)/7261/2013

            PAKHINDRA DEKA
            S/O LT. DEBENDRA NATH DEKA, R/O BARKURIHA, P.O. and P.S. NALBARI,
            DIST- NALBARI, ASSAM, PIN-781335

            VERSUS

            ASSAM BORAD OF REVENUE and 3 ORS
            PANBAZAR, GHY-1

            2:THE DY. COMMISSIONER
             NALBARI DISTRICT
             P.O.
             P.S. and DIST- NALBARI
            ASSAM
             PIN-781335

            3:THE SUB DY. COLLECTOR
             NALBARI REVENUE CIRCLE
             P.O.
             P.S. and DIST- NALBARI
            ASSAM
             PIN-781335

            4:GADADHAR BHUYAN
             S/O LT. SISHU BHUYAN
             R/O KAZIPARA
             NALBARI TOWN
             P.O.
             P.S. and DIST- NALBARI
            ASSA

For the Petitioner(s)          : Mr. S. K. Goswami, Advocate
                                : Mr. R. Sarma, Advocate
                                                                           Page No.# 2/3

For the Respondent(s)         : Mr. H. Sarma, Addl. Sr. Government Advocate




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 04.01.2024

1. The instant writ petition has been filed challenging the judgment dated 02.04.2007 passed by the learned Assam Board of Revenue in Case No.98RA(NL)/06.

2. This Court upon hearing the learned counsels for the Petitioner as well as the State Respondents is of the opinion that for a proper adjudication of the instant writ petition, the records pertaining to Case No.98RA(NL)/06 lying before the Assam Board of Revenue would be required. The Registry shall take steps for requisitioning the records of Case No.98RA(NL)/06 from the learned Assam Board of Revenue.

3. Accordingly, this Court fixes the matter again on 13.02.2024.

4. Further to that, this Court also finds it relevant that for further adjudication as to whether auction sale was conducted in the manner envisaged under the provisions of Assam Land and Revenue Regulation, 1886 as well as the Settlement Rules framed thereinunder, the records pertaining to Sale Case No.508/1970-71 would also be required to be looked into.

5. Mr. H. Sarma, the learned Additional Senior Government Advocate appearing on behalf of the District Commissioner, Nalbari shall produce the records of the said auction sale case on the next date. In the eventuality, the records are lying before the Assam Board of Revenue, the District Commissioner, Page No.# 3/3

Nalbari on the basis of the order so passed herein shall call for the records of auction sale Case No.508/1970-71 and thereupon produce the same before this Court.

6. The Private Respondent No.4 is not represented today. It is made clear that on the next date, if the private Respondent No.4 is not represented, this Court shall proceed with the disposal of the writ petition in his absence.

JUDGE

Comparing Assistant