Gauhati High Court
Shreepal Jain @ Shreepal Barjatya vs The Assam Board Of Revenue And 5 Ors on 18 November, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/6
GAHC010074442024
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2060/2024
SHREEPAL JAIN @ SHREEPAL BARJATYA
S/O- LATE SURAJMAL JAIN,
R/O- KEDAR ROAD, BYE LANE NO. 2,
FANCY BAZAR, GUWAHATI- 781001,
DISTRICT- KAMRUP(METRO), ASSAM.
VERSUS
THE ASSAM BOARD OF REVENUE AND 5 ORS
GUWAHATI, PANBAZAR, DISTRICT- KAMRUP(METRO),
ASSAM, PIN- 781001
2:THE DEPUTY COMMISSIONER
KAMRUP(METRO)
AT GUWAHATI- 781001.
3:THE ADDITIONAL DEPUTY COMMISSIONER
KAMRUP(METRO)
GUWAHATI- 781001.
4:THE CIRCLE OFFICER
DISPUR REVENUE CIRCLE
BASISTHA
GUWAHATI- 781029.
5:HAFIZA KUDDUS
W/O- JIAUL KUDDUS
R/O- HOUSE NO. 240
F.A. AHMED ROAD
MACHKHOWA
Page No.# 2/6
GUWAHATI- 781009
DISTRICT- KAMRUP(METRO)
ASSAM.
6:SAKIBA NABIS
D/O- JIAUL KUDDUS
RESIDENT OF HOUSE NO. 240
F.A. AHMED ROAD
MACHKHOWA
GUWAHATI- 781009
DISTRICT- KAMRUP(METRO)
ASSAM
Advocate for the Petitioner : MR. M K CHOUDHURY, MS. P. KASHYAP,M K BORAH
Advocate for the Respondent : SC, REVENUE, MR A SARMA(R-5),MR. J DEKA(R-5),MR. C
TALUKDAR (r-6),A GAUTAM(r-6),MR. S K DEKA (r-6),MR. T K BHUYAN (r-6),GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
18.11.2024
When the matter is called up learned counsel for the petitioner was
absent, whereas Mr. S Sharma, learned Senior Counsel assisted by Mr. A.
Gautom, learned counsel appears for the respondent nos. 5 & 6. Subsequently,
the matter was called up again and Mr. M.M. Kashyap, leaned counsel submits
that Mr. M.K. Choudhury, learned Senior Counsel, who will argue in this matter,
is out of station and prays for an adjournment of the matter.
Page No.# 3/6
2] The learned counsel for the respondent nos. 5 & 6 strenuously argues that
the petitioner has resorted to forgery of the highest order and has manipulated
the records and therefore, this Court should take up the matter and examine
and pass appropriate orders. The learned Senior Counsel has referred to certain
documents to point out that certified copies of the order passed in Case
No.RA(K)(RVW)/2023 by the Assam Revenue Board, Guwahati shown to have
been obtained on the same day. On the face of it, it appears that there is some
manipulation by looking into the form and texture of the certified copies
enclosed by the petitioner. It is further submitted that on the day when the
matter was moved there was an objection raised by the learned counsel for the
respondent nos. 5 & 6 that the caveat filed by them has been bypassed and the
matter was listed before the Court. During the course of the hearing on that
particular date it was pointed out by the learned counsel appearing for the
respondent nos. 5 & 6 that the petitioner had deliberately manipulated the date
of the order and thereby, the caveat was not placed along with the writ petition.
Photocopy of the certified copy enclosed by the petitioner of the order passed in
Case No.3RA(K)(RVW)/23 were shown to have been passed on 09.01.2024,
whereas in the actual certified copy available with the writ petition it has been
shown that the order was signed by the Chairman, Assam Board of Revenue on
29.01.2024. On the basis of the date reflected in the certified copy obtained by
Page No.# 4/6
the respondent nos. 5 and 6 showing the date of the order as 29.01.2024, the
caveat was filed and the respondents were expecting to be put to notice in the
event any application or writ petition is filed by the petitioner putting to
challenge the order dated 29.01.2024 passed in Case No.3RA(K)(RVW)/23.
Subsequently, directing the respondents to take steps by dasti service, the
respondents were surprised that notwithstanding the caveat filed, notice was
not served on the caveator. Accordingly, this Court by order dated 22.05.2024,
directed the Registrar (Judicial) to cause an enquiry as to why the copy of the
writ petition was not served on the respondent nos. 5 & 6.
3] This Court by order dated 22.05.2024 directed the Registrar (Judicial) to
give a report. On 03.06.2024 the Registrar (Judicial) placed a report which is
extracted herein below:
Date Office Note
03.06.2024
[Ref: Order dated 22.05.2024 passed by the Hon'ble Court in WP(C)
No.2060/2024]
In terms of the order under reference, the undersigned would like to
submit a follows:
Ø Rule 1 of Chapter V A of the Gauhati high
Court Rules provides that "An application for a
direction or order or writ under Article 226 of the
Constitution of India, other than writ of habeas
Page No.# 5/6
Corpus, shall be drawn up in the form contained in
the schedule to this Chapter and shall be
accompanied by an affidavit verifying the facts relied
upon.
...In all other respects the procedure relating to the
revision application shall apply to such applications.."
Ø Rule 9 of Chapter V of the Gauhati High Court
Rules provides that "In the case of an application for
revision, the application shall be accompanied by
certified copies of each of following documents:
(i) the judgment decree or
order to which the application relates..."
The relevant portions of Rule 1 Chapter V A and Rule 9 Chapter V
of the Gauhati High Court are placed at Flags 'A' and 'B' respectively.
From the aforesaid two provisions in case of writ applications
challenging judgments/orders passed by statutory bodies such as Assam
Board of Revenue, Central Administrative Tribunal, etc., an inference may,
perhaps, be drawn that certified copies of judgments/orders appealed
against will be required while filing an application challenging the said
judgments/orders.
Laid before the Hon'ble Court.
4] The report indicates that the certified copies of judgments and orders are
to be enclosed in application where such orders and judgments are challenged.
5] Pursuant to the report dated 03.06.2024, the Court by order dated
24.06.2024 permitted the parties to exchange their pleadings. Subsequently, on
Page No.# 6/6
21.10.2024 the petitioner was also permitted to file additional affidavit. The
additional affidavit as well as reply affidavit has been filed. Hence,
the matter is listed before this Court today. However, a prayer is made on behalf
of the learned counsel for the petitioner to defer the matter on account of non-
availability of learned Senior Counsel to address the Court today.
6] Accordingly, considering the gravity of the allegations made by the
respondent no. 5 & 6 against the petitioner and the serious consequences that
may arise in the event these allegations are found to be correct, this Court
considers it necessary to fix the matter for further order(s) on 03.12.2024.
Further order(s) as found necessary may be passed by the Court on the next
date fixed.
7] List the matter again on 03.12.2024.
JUDGE
Comparing Assistant
