Purnendu Das v. Chittaranjan Das and 9 Ors

ORDER

23.02.2024 Heard Mr. J Das, learned counsel for the petitioner as well as Ms. K Phukan, learned Government Advocate, Assam for the respondent nos. 2 to 5. This is an application filed under Article 227 of the Constitution of India challenging the order dated 07.11.2023 passed by the learned Civil Judge, Karimganj in Petition No. 312/2013 arising out T.S. No. 80/2019. The petitioner being the plaintiff filed a petition being Petition No. 312/2013 praying before the court to call for a Report from the Circle Officer, Karimganj regarding the present market value of the suit land. The trial court held that no such petition can be filed by any party of the suit asking the Court to call for reports. Ms. Phukan submits that there is no wrong in the order passed by the learned trial court. I have considered the submission made by the learned counsel for both the sides. This court is of the opinion that CPC has different provision which can be used by the trial court to call for reports from the different authorities. I have considered opinion that here, in this case, the learned trial court failed to exercise judicial mind while passing the impugned order. Hence, the impugned order dated 07.11.2023 passed by the learned Civil Judge, Karimganj in Petition No. 312/2013 arising out T.S. No. 80/2019 is not sustainable in law and stands set aside. The trial court is directed to call for the report from the Circle Officer, Karimganj to ascertain the market value of the suit land and after that, the trial court shall proceed to dispose of the case in accordance with law. With the above, the civil revision petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010024442024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/59/2024o PURNENDUoDASo S/O-oLATEoNIRANJANoDAS,oR/O-oNILMONIoROAD,oWARDoNO.o10,o KARIMGANJoTOWN,oP.O.,oP.S.oANDoDIST.oKARIMGANJ,oASSAM,oPIN-o788710. VERSUSo CHITTARANJANoDASoANDo9oORS.o S/O-oNARENDRAoNATHoDAS,oPURBASHAoAPARTMENT,oFLAToNO.o1oA,o SUBHASoPALLY,oSILIGURI,oDIST.oDARJEELING,oWESToBENGAL,oPIN-o 734001. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoDEPUTYoCOMMISSIONER oKARIMGANJ oP.O.oANDoDIST.oKARIMGANJ oASSAM oPIN-o788710. 3:THEoDEPUTYoCOMMISSIONER oKARIMGANJ oP.O.oANDoDIST.oKARIMGANJ oASSAM oPIN-o788710. 4:THEoCIRCLEoOFFICER oKARIMGANJ oP.O.oANDoDIST.oKARIMGANJ oASSAM oPIN-o788710. 5:THEoSUB-REGISTRARo(SADAR) oKARIMGANJ oP.O.oANDoDIST.oKARIMGANJ oASSAM oPIN-o788710. Page No.# 2/3 6:AMALENDU DAS S/O- LATE NIRANJAN DAS R/O- NILMONI ROAD WARD NO. 10 KARIMGANJ TOWN P.O. AND DIST. KARIMGANJ ASSAM PIN- 788710. 7:NIRMALENDU DAS S/O- LATE NIRANJAN DAS R/O- NILMONI ROAD WARD NO. 10 KARIMGANJ TOWN P.O. AND DIST. KARIMGANJ ASSAM PIN- 788710. 8:BIMALENDU DAS S/O- LATE NIRANJAN DAS R/O- NILMONI ROAD WARD NO. 10 KARIMGANJ TOWN P.O. AND DIST. KARIMGANJ ASSAM PIN- 788710. 9:ARUNAVA DAS S/O- LATE NIRANJAN DAS R/O- NILMONI ROAD WARD NO. 10 KARIMGANJ TOWN P.O. AND DIST. KARIMGANJ ASSAM PIN- 788710. 10:SUDIP DAS S/O- LATE NIRANJAN DAS R/O- NILMONI ROAD WARD NO. 10 KARIMGANJ TOWN P.O. AND DIST. KARIMGANJ ASSAM PIN- 788710 Advocate for the Petitioner : MR J DAS Advocate for the Respondent : GA, ASSAM Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA