Gauhati High Court
Maichana Laskar vs The Assam Board Of Revenue And Ors on 27 August, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010153672025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2215/2025
In WP(C)/1360/2021(D/O)
MAICHANA LASKAR
W/O LATE AMIYA KR. LASKAR, R/O PACHIM BORAGAON, NEAR L.P.
SCHOOL, N.H. 37 GUWAHATI 781035, P.O. AND P.S. GORCHUK, DIST.
KAMRUP (M), ASSAM.
VERSUS
THE ASSAM BOARD OF REVENUE and ORS
GUWAHATI, ASSAM
2:THE CHAIRMAN
ASSAM BOARD OF REVENUE
GUWAHATI.
3:THE ADDL. DEPUTY COMMISSIONER
KAMRUP (M)
GUWAHATI 1
4:THE SETTLEMENT OFFICER
GUWAHATI.
5:SHYAMAL NARAYAN DEV
S/O SRI GAJENDRA NARAYAN DEV
PRESENT R/O ABS ESTATE FLAT NO. IC
BASISTHAPUR
BYELANE 1
HOUSE NO. 59
P.O. BELTOLA
P.S. DISPUR
GUWAHATI 6
DIST. KAMRUP (M)
ASSAM.
Page No.# 2/4
6:HARESWAR SARMA
S/O LATE TRIPURESWAR SARMA
R/O KAMAKHYA DHAM
P.S. BHARALUMUKH
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN 781010
7:LANKESWAR SARMA
S/O LATE TRIPURESWAR SARMA
R/O KAMAKHYA DHAM
P.S. BHARALUMUKH
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN 781010
8:NAGESWAR SARMA
S/O LATE TRIPURESWAR SARMA
R/O KAMAKHYA DHAM
P.S. BHARALUMUKH
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN 781010
9:CHAITYANNA SARMA
S/O LATE KHAGEN SARMA
R/O KAMAKHYA DHAM
P.S. BHARALUMUKH
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN 781010
10:SASHI DEVI
W/O LATE BISHESWAR SARMA
R/O KAMAKHYA DHAM
P.S. BHARALUMUKH
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN 781010
11:HIRONMOYEE DEVI
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W/O LATE SEKHAR SARMA
R/O KAMAKHYA DHAM
P.S. BHARALUMUKH
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN 78101
Advocate for the Petitioner : MR HRISHIKESH DAS, R BORUAH
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
27-08-2025
Heard Shri H. Das, learned counsel for the applicant, who by means of this
application has prayed for slight modification in the judgment and order dated
17.06.2025 more particularly certain observations made in paragraph 22. It is
submitted that in paragraph 22 of the judgment, this Court had made an observation
that the applicant/petitioner would be at liberty to negotiate with the private
respondent for transfer of the land in accordance with law. He submits that such
observation is not required.
Shri S. J. Rajbongshi, the learned counsel for the respondent nos. 5 to 18
submits that he does not have any objection in principle in deletion of the aforesaid
observation.
Also heard Shri N. Goswami, learned State Counsel.
For ready reference paragraph 22 of the judgment and order dated 17.06.2025 is
extracted herein below:
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"22. At this stage, Shri Das, the learned counsel for the petitioner has submitted that
his client may be given liberty to negotiate with the private respondents for transfer of
the land in accordance with law. It is made clear that dismissal of this writ petition
shall not be a bar for the parties to settle the matter in accordance with law."
The present application is for deletion of the part of giving liberty for negotiate
with the private respondent for transfer of the land in accordance with law.
In the considered opinion of this Court, the said observation was not a
direction but only a liberty granted to the petitioner which the petitioner may
not like to explore.
In any case, since in the understanding of the petitioner, the same would
come into the way of some settlement, this Court is of the view that the present
prayer for deleting the aforesaid observation be allowed.
Accordingly, the instant IA is allowed by deleting the observations of giving
liberty to the petitioner to negotiate with the private respondent for transfer of
the land in accordance with law.
Let this order be read as a part of the judgment and order dated
17.06.2025 passed in WP(C)/1360/2021.
IA stands disposed of.
JUDGE
Comparing Assistant
