Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 8 Ors on 4 November, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010226912024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5548/2024
BIJOYANANDA CHOWDHURY AND 3 ORS
S/O LATE GIRIJANANDA CHOWDHURY, RESIDENT OF CHOWDHURY
TILLA, OPP. SECRETARIAT, SORUMOTORIA, DISPUR, GUWAHATI 781006
2: MR. ARUPANANDA CHOUDHURY
S/O LATE GIRIJINANDA CHOWDHURY
RESIDENT OF G.N CHOWDHURY BUILDING DR. J.C DAS ROAD
PANBAZAR
GUWAHATI 781001
3: GITA DAS CHOUDHURY
D/O LATE GIRIJANANDA CHOWDHURY
RESIDENT OF HOUSE NO. 15
BEHIND BAROWARI NAMGHAR
UZAN BAZAR
GUWAHATI 781001
ASSAM
4: MS. BHARATI CHOUDHURY
W/O LATE DEBANANDA CHOWDHURY
RESIDENT OF CHOWDHURY TILLA
OPP. SECRETARIAT
SORUMOTORIA
DISPUR
GUWAHATI 78100
VERSUS
THE STATE OF ASSAM AND 8 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
LAND REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR
GUWAHATI 781006
2:THE DISTRICT COMMISSIONER
Page No.# 2/4
KAMRUP M ASSAM
3:THE CIRCLE OFFICER
DISPUR REVENUE CIRCLE
KAMRUP M ASSAM
4:THE ADDITIONAL DISTRICT COMMISSIONER
LAND SETTLEMENT BRANCH
KAMRUP M ASSAM
5:THE ASSAM BOARD OF REVENUE
PANBAZAAR
GUWAHATI 781001
KAMRUP M ASSAM REP. BY ITS CHAIRMAN.
6:CHALIHA WAREHOUSING COMPANY. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956 HAVING ITS REGISTERED OFFICE AT RUKMINIGAON
DISPUR GUWAHATI 781006
KAMRUP M ASAM . REP. BY ITS DIRECTOR.
7:SRI DILIP KUMAR GOENKA
DIRECTOR OF CHALIHA WAREHOUSING COMPANY PVT. LTD.
HAVING HIS ALTERNATE ADDRESS AT 6TH FLOOR
SHRE KAMAKHYA TOWERS
CHRISTIAN BASTI
G.S ROAD
GUWAHATI
KAMRUP M ASSAM 781005
8:SRI ARINDRAJIT TULSI CHALIHA
DIRECTOR OF CHALIHA WAREHOUSING COMPANY PVT. LTD.
HAVING HIS ALTERNATE ADDRESS AT 6TH FLOOR
SHRE KAMAKHYA TOWERS
CHRISTIAN BASTI
G.S ROAD
GUWAHATI
KAMRUP M ASSAM 781005
9:SRI SUNIL KUMAR GOENKA
DIRECTOR OF CHALIHA WAREHOUSING COMPANY PVT. LTD.
HAVING HIS ALTERNATE ADDRESS AT 6TH FLOOR
SHRE KAMAKHYA TOWERS
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CHRISTIAN BASTI
G.S ROAD
GUWAHATI
KAMRUP M ASSAM 78100
Advocate for the Petitioner : MR. B D DEKA, MR A BHATRA,MR A DEKA,N
CHAUDHURY,MR. M DAS
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 04.11.2024
Heard Mr. B.D. Deka, learned counsel for the petitioner; Ms. P.R. Mahanta, learned
Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Mr.
S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 2 to 5; and
Mr. R. Dubey, learned counsel for the respondent nos. 6 to 9.
2. The contention advanced on behalf of the petitioner have already been recorded in the
previous Order dated 28.10.2024.
3. Mr. Baruah, learned Junior Government Advocate, Assam appearing for the respondent
nos. 2 to 5 has submitted that the instructions are yet to be received in deference to the
Order dated 28.10.2024.
4. Mr. Dubey, learned counsel appearing for the respondent nos. 6 to 9 has submitted
that the Order dated 28.10.2024 might create hindrance for the respondent nos. 6 to 9 to
prefer any application for executing the Judgment and Decree dated 13.07.2015 passed in
Title Suit no. 313/2005.
5. The matter would require further consideration.
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6. Issue notice, returnable on 04.12.2024.
7. As Ms. Mahanta, learned Standing Counsel, Revenue & Disaster Management
Department has appeared and accepted notice on behalf of the respondent no. 1, Mr. S.
Baruah, learned Junior Government Advocate, Assam has appeared and accepted notice on
behalf of the respondent nos. 2 to 5, Mr. R. Dubey, learned counsel has appeared and
accepted notice on behalf of the respondent nos. 6 to 9, issuance of formal notice to the said
respondents stands dispensed with. It is submitted that extra copies of the writ petition along
with annexures have already been supplied to the learned counsel for the respondents.
8. Having regard to the sequence of events, as recorded in the Order dated 28.10.2024,
the operation of the impugned order dated 26.09.2024 [Annexure-7] and the Order dated
16.10.2024 [Annexure-8] shall remain stayed till the returnable date. It is, however, clarified
that such interim order of stay shall not be a bar for the respondent nos. 6 to 9 to take
recourse to the appropriate remedy in terms of the Judgment and Decree dated 13.07.2015
passed in Title Suit no. 313/2005.
9. List the case on 04.12.2024.
JUDGE
Comparing Assistant
