Troilukya Gohain Baruah vs The State Of Assam And 2 Ors
2025 Latest Caselaw 4246 Gua

Gauhati High Court

Troilukya Gohain Baruah vs The State Of Assam And 2 Ors on 19 March, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                       Page No.# 1/3

GAHC010050292025




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

                                 Case No. : WP(C)/1526/2025

            TROILUKYA GOHAIN BARUAH
            SON OF LATE MIHKANTA GOHAIN BARUAH, P/R/O- NAKARI NAGAR,
            WARD NO.3, P.O. AND P.S.- NORTH LAKHIMPUR, DIST- LAKHIMPUR,
            ASSAM. PRESENTLY RESIDING AT LAMB ROAD, HOUSE NO. 42, 3RD
            FLOOR, LATASIL, UZAN BAZAR, GUWAHATI, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
            OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI, DISTRICT-
            KAMRUP(M), ASSAM.

            2:THE DISTRICT COMMISSIONER CUM DISTRICT COLLECTOR
             LAKHIMPUR
             NORTH LAKHIMPUR
            ASSAM

            3:THE CIRCLE OFFICER
             LAKLHIMPUR
             NORTH LAKHIMPUR
            ASSA

Advocate for the Petitioner   : MR. A K GUPTA, MR. R S MISHRA

Advocate for the Respondent : SC, REVENUE, GA, ASSAM




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                                                                                   Page No.# 2/3

                                           ORDER

Date : --19.03.2025

Heard Mr. A.K. Gupta, learned counsel for the petitioner; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1 and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3.

When the petitioner preferred a revenue appeal, 87RA[L]/2016 before the Assam Board of Revenue, the appeal was disposed of vide Judgment dated 10.10.2017 setting aside an Order dated 13.06.2016 passed in Partition Case no. 68 of 2016 with a further direction to the respondent no. 3 to hear the case afresh and decide the same on merits with the speaking order. As the respondent no. 3 has not disposed of the same in terms of the Judgment dated 10.10.2017, the petitioner is before this Court by the instant writ petition.

Issue notice, returnable on 25.04.2025.

As Mr. Bhattacharjee, learned Standing Counsel, Revenue & Disaster Management Department has appeared and accepted notice for the respondent no. 1 and Mr. Handique, learned Junior Government Advocate, Assam has appeared and accepted notices for the respondent nos. 2 & 3, formal notices need not be issued to the said respondents. Mr. Gupta, learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with the annexures, to Mr. Bhattacharjee and Mr. Handique within 2 [two] working days from today.

Mr. Handique, learned Junior Government Advocate, Assam shall obtain instruction from the respondent no. 3 as regards the reason for non-disposal of the Partition Case no. 68 of 2016 in terms of the Judgment dated 10.10.2017 of the Assam Board of Revenue on the next date of listing.

JUDGE Page No.# 3/3

Comparing Assistant