Tapan Kumar Das v. The State of Assam and 9 Ors

O R D E R

08.01.2024.

Mr. R. De, learned counsel appearing on behalf of the petitioner submits against the settlement order granted in favour of the respondent Nos.9 & 10, the petitioner had already challenged the said settlement order before the Assam Board of Revenue, which was however dismissed for which the petitioner had already filed a Writ Petition being WP(C) No.6412/2023. The said Writ Petition is pending. Page No.# 3/3

(2) The learned counsel for the petitioner further submits that as regards the other allegations which have been mentioned in the Writ Petition, the same would require entering into disputed questions of facts which can be adjudicated by a forum where disputed facts can be adjudicated. He therefore submits that he may be permitted to withdraw the Writ Petition without prejudice to his rights in WP(C) No.6412/2023 and also permitted to approach the appropriate forum in that regard.

(3) Taking into account the above submission, this Court closes the instant Writ Petition on withdrawal. However, withdrawal of the instant Writ Petition shall not in any manner prejudice the petitioner's rights in WP(C) No.6412/2023, as well as also debar the petitioner from approaching the appropriate Forum where the facts can be adjudicated.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010017152015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3973/2015o TAPANoKUMARoDASo S/OoLT.oJOGESHoCH.oDASoAoRESIDENToOFoASTHAoAPARTMENTS,oSURVEY,o BELTOLAoROAD,oGUWAHATI-28. VERSUSo THEoSTATEoOFoASSAMoANDo9oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoREVENUE,oDISPUR,oGUWAHATI-o781006. 2:THEoDEPUTYoSECRETARYoTOoTHE oGOVT.oOFoASSAM oREVENUEoREFORMSoandoD.M.oDEPARTMENT oASSAMoSECRETARIAToCIVIL oDISPUR oGUWAHATI-o781006. 3:THEoDEPUTYoCOMMISSIONER oKAMRUPoMETROPOLITANoDISTRICT oGUWAHATI-o781001. 4:THEoADDITIONALoDEPUTYoCOMMISSIONER oKAMRUPoMETROPOLITANoDISTRICT oLANDoREFORMSoBRANCH oGUWAHATI-o781001. 5:THEoCIRCLEoOFFICER oDISPUR oREVENUEoCIRCLE oBELTOLA oGUWAHATI-o781028. 6:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM Page No.# 2/3 DEPARTMENT OF HOME DISPUR GUWAHATI - 781006. 7:THE COMMISSIONER OF POLICE POLICE COMMISSIONERATE KAMRUP METRO GUWAHATI- 78 1001. 8:THE OFFICER IN-CHARGE BASISTHA POLICE STATION BASISTHA GUWAHATI- 781028. 9:SRI BAKUL DAS S/O LT. DEBIRAM DAS R/O MILONPUR BASISTHA PATH BELTOLA GUWAHATI - 781028 Advocate for the Petitioner : MR.R ISLAM Advocate for the Respondent : BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH