Kulen Pathak v. The State of Assam and 4 Ors

ORDER Date : 04-04-2024 Heard Mr. BP Borah, learned counsel for the petitioner as well as Mr. S. Borah, learned standing counsel for the BTC as well as Ms. G. Hazarika, learned standing counsel for the Revenue Department.

¶2The petitioner projects that in respect of his land measuring 3B-2K-10L, covered by Dag no.849 of PP no.335 of Bijni town under Bijni Revenue Circle mutation was made in the favour of a 3rd party and therefore, the petitioner had filed a review petition against the order dated 28.02.2022. The said application was not entertained on the ground of limitation. Accordingly, Page No.# 3/3 against the said order, the petitioner projects that he had moved the Joint Secretary, BTC (respondent no.3). Although observations were made in favour of the petitioner, but relief was not granted on the ground that the application was barred by limitation. Against the said order, a review application registered as Misc. Case no.21/2018-19 has been filed. As the respondent no.3 has not disposed of the said application, the present writ petition has been filed under Article 226 of the Constitution of India.

¶3Heard the learned counsel for the petitioner as well as the learned standing counsel for the Revenue department and the learned standing counsel for the BTC, the Court is of the considered opinion that instead of keeping the matter pending, this writ petition can be disposed of with a direction to the Joint Secretary to the Bodoland Territorial Council (Revenue) to dispose of Misc. case no.21/2018-19 preferably within a period of 2(two) months from the date of receipt of the certified copy of the order in accordance with law and after giving an opportunity of hearing to the petitioner as well as to the person in whose name the mutation is allegedly stated to have been illegally made.

¶4The matter stands disposed of at the motion stage without issuance of notice on the respondents. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010054562024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1869/2024o KULENoPATHAKo S/O-oLATEoUDHABoPATHAK,o R/O-oBIJNIoTOWN,oWARDoNO-3,oP.OoANDoP.S-oBIJNI,o DIST-oCHIRANG,oASSAM,oPIN-783390 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoLANDoANDoREVENUE,oASSAMo oDISPUR,oGUWAHATI,oASSAM,oPIN-781006 2:THEoPRINCIPALoSECRETARY oTHEoBODOLANDoTERRITORIALoCOUNCILo(BTC)o BODOFA oNAGAR o oBTC oP.OoANDoP.S-oKOKRAJHAR oDIST-oKOKRAJHAR oASSAMo783370 3:THEoBODOLANDoTERRITORIALoCOUNCILo(BTC) oREP.oBYoTHEoJOINToSECRETARYo oBODOLANDoTERRITORIALoCOUNCILo BODOFA oNAGAR o DIST-oKOKRAJHAR oASSAMo783370 Page No.# 2/3 4:THE SECRETARY REVENUE BODOLAND TERRITORIAL COUNCIL BODOFA NAGAR DIST- KOKRAJHAR ASSAM 783370 5:THE JOINT SECRETARY BODOLAND TERRITORIAL COUNCIL BODOFA NAGAR DIST- KOKRAJHAR ASSAM 78337 Advocate for the Petitioner : MR P J DUTTA Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA