Page No.# 1/4 vs The State Of Assam And 2 Ors
2025 Latest Caselaw 199 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 2 Ors on 5 May, 2025

                                                              Page No.# 1/4

GAHC010227242023




                                                        2025:GAU-AS:5578

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

                           Case No. : RFA/51/2023

         DR. IVA DEVI GOSWAMI @ DR. IVA GOSWAMI AND 2 ORS.
         W/O LATE KARUNA KANTA GOSWAMI, RESIDENT OF HOUSE NO. 29 AND
         30, K.R CHOUDHURY ROAD, KUMARPARA PO AND PS BHARALUMUKH,
         DIST KAMRUP M ASSM 781009

         2: SRI BISHWAJYOTI PATHAK
          S/O LATE DALIM PATHAK

         RESIDENT OF M.G ROAD
         HOUSE NO. 28
         PS LATASIL
         KAMRUP M GUWAHATI
         781001
         ASSAM

         3: SRI GAURAV JYOTI PATHAK
          S/O LATE DALIM PATHAK

         RESIDENT OF M.G ROAD
         HOUSE NO. 28
         PS LATASIL
         KAMRUP M GUWAHATI
         781001
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 2 ORS.
         REPRESENTED BY THE COMMISSIONER, REVENUE AND DISASATER
         MANAGAMENT DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI
         781006

         2:THE DEPUTY COLLECTOR
          KAMRUP M DISPUR GUWAHATI 6
                                                                         Page No.# 2/4


            3:THE TOWN PLANNER

             GUWAHATI MEROPOLITAN DEVELOPEMENT AUTHORITY
             BHANGAGARH
             GUWAHATI 781005
             KAMRUP M ASSA

Advocate for the Petitioner   : MR B S DEKA, MS B LAHKAR,MR. P S DEKA

Advocate for the Respondent : GA, ASSAM, SC, G M D A,SC, REVENUE




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

05.05.2025

1. Heard learned counsel Ms. A. Chakrvarty for the appellant; learned Government Advocate Mr. K.K. Bhattacharya for the respondent Nos. 1 and 2 and learned Standing Counsel, GMD, Mr. S. Bora for the respondent No. 3.

2. Dr. Iva Devi Goswami @Dr. Iva Goswami, Shri Bishwajyoti Pathak and Shri Gauravjyoti Pathak are the appellants who are aggrieved by the impugned ex- parte Judgment dated 14.06.2023, passed by the learned Trial Court, Civil Judge No. 1, Kamrup, (M), in connection with Title Suit No. 335/2021, dismissing the suit of the appellants who were the defendants in the original Title Suit.

3. The State of Assam represented by the Commissioner, Revenue and Disaster Management, Government of Assam, Dispur; the Deputy Collector, Kamrup, (M), Dispur and the Town Planner, Guwahati, Metropolitan Development Authority are arrayed as respondent Nos. 1, 2 & 3 respectively.

4. They have brought up this Title Suit as the plaintiff/appellant Nos. 2 & 3 have purchased the land mentioned in the schedule of the plaint admeasuring 3 Page No.# 3/4

Katha 17 lechas vide Deed No. 7615 from the appellant No. 1.

5. It is submitted that the aforementioned parcel of land falls under eco sensitive/eco friendly zone in a hilly area and the value of the suit land was fixed by the Revenue Authority at a high rate i.e., Rs. 77,00,000/-, which is not justified. Aggrieved by the fixation of high valuation, the appellants have brought up the Title Suit No. 335/2021.

6. It is submitted at the Bar by both the sides that the learned Trial Court did not accord an opportunity to place their grievances. Learned counsel for the appellant has submitted that the learned Trial Court did not allow the appellants to adduce evidence to substantiate their case, whereas, the learned counsel for the respondents has submitted that only within two dates, the case was disposed of by the Court. Consequentially, the respondents and State parties could not appear to place their case. Time was not accorded to the respondents and State parties to appear.

7. I have also scrutinized the Trial Court Records. Annexure-2 of the petition clearly reflects the impugned order dated 17.06.2022, whereby the learned Trial Court decided to proceed this case against the defendant/respondent ex-parte. Annexure-3 is the impugned Judgment and Order dated 14.06.2023.

8. I have considered the submissions at the Bar with circumspection.

9. It is submitted on behalf of the appellants that the appellants were not allowed to exhibit certain documents on which they have relied upon.

10. Learned counsel for the respondents have submitted that this dispute

between the appellants and the respondents is basically an administrative problem and they could have easily resolved the dispute amicably had they been accorded an opportunity to appear before the learned Trial Court. It is Page No.# 4/4

further submitted that the documents on which the appellants/plaintiffs have relied upon has to be exhibited and this can be exhibited and marked by way of evidence.

11. The documents are indeed required to be marked as evidence. In the wake

of the following discussions, I deem it appropriate to remand the matter to the Civil Judge No. 1, Kamrup,(M), and to decide this case on merits and also accord an opportunity for the respondents to appear and place their submission.

12. In terms of the above observation, this appeal stands disposed of.

13. Return back the Trial Court Records.

JUDGE

Comparing Assistant