Page No.# 1/4 vs The State Of Assam And 5 Ors
2024 Latest Caselaw 4069 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 5 Ors on 7 June, 2024

                                                                  Page No.# 1/4

GAHC010039682017




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

                         Case No. : WP(C)/5627/2017

         BIJOYANANDA CHOWDHURY and ANR
         S/O LT. GIRIJANANDA CHOWDHURY R/O CHOWDHURY TILLA,
         SARUMOTORIA, DISPUR, GUWAHATI-6, DIST. KAMRUP M, ASSAM

         2: SRI ARUPANANDA CHOWDHURY
          S/OLT. GIRIJANANDA CHOWDHURY R/O CHOWDHURY TILLA
          SARUMOTORIA
          DISPUR
          GUWAHATI-6
          DIST. KAMRUP METRO
         ASSA

         VERSUS

         THE STATE OF ASSAM and 5 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         DISPUR, GUWAHATI-6.

         2:THE DEPUTY COMMISSIONER
          KAMRUP METRO
          PANBAZAR
          GUWAHATI-1.

         3:THE ADDITIONAL DEPUTY COMMISSIONER
          LAND RECORD BRANCH
          KAMRUP METRO
          PANBAZAR
          GUWAHATI-1.

         4:THE CIRCLE OFFICER
          DISPUR REVENUE CIRCLE
          DISPUR
          GUWAHATI -6.
                                                                                   Page No.# 2/4

              5:SMTI. RINA SAIKIA
              W/O CAPT. SATYADEEP SAIKIA RTD SAMANNAY PATH
               FARM GATE
               KHANAPARA
               GUWAHATI-19.

              6:THE ASSAM BOARD OF REVENUE
               PANBAZAR
               GUWAHATI-1

Advocate for the Petitioner   : MR. P SARMAH

Advocate for the Respondent : MS. D DEVI R-5




                                     BEFORE
                    HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR



                                           ORDER

07.06.2024.

The present proceeding has been instituted by the petitioners herein with the following prayers:

"It is, therefore, prayed that Your Lordships would be pleased to issue a Rule, call for entire records of the case, issue notice upon the respondent to show cause as to why a writ of certiorary shall not be issued for quashing and setting aside the impugned letter dated 29.08.2017 (Annexure-XV) issued by the respondent No. 3 and any action thereof by the respondent No. 4 and as to why a writ of mandamus and/or any other direction or order shall not be issued directing to decide the Revenue Appeal No.RA (M) 56/2012-13 first pursuant to judgment and order dated 15.09.2011 passed by the Assam Board of Revenue in case No. 127 RA(K)/2009 and on perusal of the cases shown, if any and upon Page No.# 3/4

hearing the parties be pleased to make the Rule absolute as prayed for and/or pass such other order/orders as Your Lordship may deem fit and proper".

Mr. P. Sarmah, learned counsel appearing for the petitioners submits that in spite of the categorical directions as passed in the matter by the Revenue Board vide order dated 15.09.2011, in Case No.127 RA(K)/2009, remanding the matter back to the Deputy Commissioner, Kamrup (Metro) for a fresh disposal of the same, the Deputy Commissioner has not taken up the said appeal for disposal.

Mr. I. Ahmed, learned counsel appearing for the respondent No.5 fairly concedes that the said Appeal is required to be taken up expeditiously by the Deputy Commissioner for disposal.

Ms. U. Das, learned Addl. Sr. Govt. Advocate, Assam submits that in the event this Court directs the Deputy Commissioner, Kamrup (Metro) the said Appeal, the said authority shall dispose of the said Appeal expeditiously after hearing the parties to the proceedings.

In view of the said agreement as arrived at in the matter between the parties, as noticed herein above, the Deputy Commissioner, Kamrup (Metro) is directed now to take up the pending appeal for disposal in terms of the orders passed in the matter by the Assam Board of Revenue and upon hearing the parties to the proceeding to pass appropriate order(s) on merits thereon.

The above noted appeal shall now be disposed of by the Deputy Commissioner, Page No.# 4/4

Kamrup (Metro) within a period of two (2) months from the date of receipt of a certified copy of this order, either from the petitioners or from the respondent No.5.

It is provided that the appeal now directed to be disposed of by the Deputy Commissioner, Kamrup (Metro) shall be so considered on the merits thereof without being influenced by any reports that may have been filed in the matter. In the event, the Deputy Commissioner while considering the appeal is of the view that reports from certain other authorities is required to be received in the matter, the same shall be so done after hearing both the parties to the proceeding and thereafter on receipt of such reports, the same be provided to the parties for having their say thereon and thereafter only proceed to dispose of the said appeal.

With the above directions and observations, the Writ Petition stands disposed of.

The interim order passed vide order dated 20.09.2017, in the present proceeding shall stands vacated.

JUDGE

Comparing Assistant