Karabi Baruah v. The State of Assam and 9 Ors

ORDER Date : 07.08.2024

Heard Mr. A. Biswas, learned counsel for the petitioner. Also heard Ms. M. Hazarika, learned Senior Counsel assisted by Mr. M. K. Borah, learned counsel for the respondent no. 4. None has appeared on behalf of the respondents no. 5 to 10.

¶2The learned counsel for the petitioner as well as the learned counsel for the respondent, at the outset, has submitted that the issue involved in the present proceeding, pertaining to the demarcation of the land in their possession is required to be so considered by the Revenue authorities, more particularly, the Circle Officer, Dispur Revenue Circle. The parties have also drawn the attention of this Court to a notice dated 11.02.2022, issued by the Circle Officer, Dispur Revenue Circle, requiring the petitioner along with other persons interested to appear before him and file objections, pertaining to the applications submitted by the respondent Page No.# 4/5 no. 4, herein for demarcation of her property.

¶3The petitioner, in response to the said notice has submitted an objection.

¶4It is contended by the learned counsel for the petitioner that only the notice, pertaining to the demarcation was given to her but, a copy of the application filed in the matter along with its enclosures, if any, were not furnished to the petitioner.

¶5The learned counsels for the parties, by drawing the attention of this Court to the notice dated 06.11.2019, issued in connection with Boundary Case No. 61/2019, by the Circle Officer, Dispur Revenue Circle, has contended that parcel of land involved in both the notices dated

06.11.2019 and 11.02.2022 is the same.

¶6The learned counsel Mr. M. K. Borah, appearing for the respondent no. 4, submits that the copy of the applications filed, leading to the registration of the Boundary Case No. 61/2019 and Boundary Case No. 13/2022, shall be handed over to the learned counsel for the petitioner within 2(two) working days from today. Thereafter, the writ petitioner would be at liberty to file fresh objections in both the Boundary cases noted above, within a period of 15(fifteen) days from the date of receipt of the copies of the application from the learned counsel for the respondent no. 4.

¶7The Circle Officer, Dispur Revenue Circle, on receipt of the objections from the petitioner, herein, shall fix a date for hearing in both the Boundary Case No. 61/2019 and Boundary Case No. 13/2022 and issue Page No.# 5/5 notices to the petitioner as well as other persons interested in the parcels of land involved, including the respondent no. 4. Both the said cases be heard analogously. The Circle Officer, Dispur Revenue Circle, upon hearing the parties to the proceeding, and on consideration of the issues involved in the light of the materials coming on record, proceed to pass appropriate order(s) in the matter, in accordance with law. The demarcation as now may be called for basing on the decision arrived at in the matter, be so effected.

¶8The Circle Officer, Dispur Revenue Circle, shall complete the hearing and pass appropriate order(s) in the matter within a period of 3(three) months from the date of receipt of the objections from the petitioner, herein, in terms of the directions passed above.

¶9With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010058122022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2097/2022o KARABIoBARUAHo W/O.oDRoNRIPENDRAoNATHoPATHAK,oD/O.oDR.oTHANESWARoBARUAH,oR/O. JAWAHARoNAGARoROAD,oOPPOSITEoASSAMoADMINISTRATIVEoSTAFFo COLLEGE,oKHANAPARA,oGUWAHATI-781022,oDIST.oKAMRUPo(M),oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo9oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARY,oTOoTHEoGOVT.oOFoASSAM, REVENUEoDEPTT.,oDISPUR,oGUWAHTI-781006. 2:THEoDY.oCOMMISSIONER oKAMRUPo(M) oGUWAHATI oASSAM oPIN-781001. 3:THEoCIRCLEoOFFICER oDISPURoREVENUEoCIRCLE oDISPUR oGUWAHATI-786006. 4:DALIMIoGARO oD/O.oLT.oFAKIRAoKACHARIo@oFAKIRAoGARO oW/O.oSRIoPAWANoAGARWAL oPERMANENToR/O.oFLAToNO.A/6-017 oS.B.oHOUSINGoCOMPLEX oTRIPURAoROAD oKHANAPARA PageoNo.#o2/5 oGUWAHATI-781022oANDoPRESENTLYoRESIDINGoAToHOUSEoNO.7 oJYOTIoPATHo(NEARoSUDERASHANoPUBLICoSCHOOL) oJAWAHARNAGAR oKHANAPARA oGUWAHATI-781022. 5:SMT.oMINIAoROY oW/O.oDHANPAT oR/O.oKHANAPARA oGUWAHATI-71022 oDIST.oKAMRUPo(M) oASSAM. 6:BEGUMoNASIMAoAHMED oW/O.oGAZIoGIYASUDDINoAHMED oC/O.oDEPTT.oOFoRADIATIONoONCOLOGY oDMRD oDMRT oNORTHoEASToCANCERoHOSPITALoANDoRESEARCHoINSTITUTE o11THoMILE oAMERIGOG oJORABAT oGUWAHATI-781023. 7:RAJUoDAS oS/O.oLT.oHARAoNATHoDAS oR/OoKHANAPARA oGUWAHATI-781022 oDIST.oKAMRUPo(M) oASSAM. 8:RANJANoDAS oS/O.oLT.oHARAoNATHoDAS oR/OoKHANAPARA oGUWAHATI-781022 oDIST.oKAMRUPo(M) oASSAM. 9:RAJIBoKUMARoDAS oS/O.oLT.oHARAoNATHoDAS oR/OoKHANAPARA oGUWAHATI-781022 oDIST.oKAMRUPo(M) oASSAM. Page No.# 3/5 10:RANJIT DAS S/O. LT. HARA NATH DAS R/O KHANAPARA GUWAHATI-781022 DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : MR. A BISWAS, MR. N SARKAR,MR P K BASU,MR N M DEKA Advocate for the Respondent : SC, REVENUE, MS M HAZARIKA,MR. M K BORAH,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR