Krishna Chandra Das and Anr v. The State of Assam and Anr

ORDER Date : 23.07.2024

Heard Mr. S. Chamaria, the learned counsel appearing on behalf of the Petitioners and Mr. N. Goswami, the learned Government Advocate appearing on behalf of the Respondent Nos. 1 and 2.

¶2The Petitioners herein are aggrieved by the inaction on the part of the Respondent No.2 in disposing of the Mutation Case No.73/2023-24 which has been pending since 2023.

¶3This Court vide an order dated 31.05.2024 had sought instructions from the Respondents as to why no action has been taken in respect to the said Mutation Case No.73/2023-24. Today, Mr. N. Goswami, the learned Government Advocate appearing on behalf of the Respondents submitted an instruction that the Petitioners are not the recorded pattadars for which their names have not been mutated. This Court however does not understand as to why the Respondent Authorities more particularly the Respondent No.2 has not passed the order. It is the opinion of this Court that if the Respondent No.2 had formed its opinion on the mutation proceedings, the same has to be brought on record by passing the order so that the Petitioners if so aggrieved would be at Page No.# 3/3 liberty to take due steps. The Respondent No.2 under no circumstances can keep the matter pending.

¶4Under such circumstances, the instant writ petition stands disposed of with a direction to the Respondent No.2 to dispose of the Mutation Case No.73/2023-24 within a period of 1 (one) month from the date a certified copy of the instant order is submitted before the Respondent No.2.

¶5This Court also observes that in the circumstance, the Respondent No.2 has any doubt, necessary clarifications may be sought from the Petitioners. This Court further grants the liberty to Petitioners to submit any other documents to show that they are entitled to mutation. The said documents be submitted along with the certified copy of this order.

¶6With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010106522024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2793/2024o KRISHNAoCHANDRAoDASoANDoANRo SONoOFoLATEoMALIoRAMoDAS,oSATIoJAYMATIoROAD,oHOUSEoNO.o5,o OPPOSITEoGOL-oBUILDING,oATHGAON,oGUWAHATI,oPIN-o781001,oDISTRICT- KAMRUP(M),oASSAM 2:oRAMoCHANDRAoDAS oSONoOFoLATEoMALIoRAMoDAS oSATIoJAYMATIoROAD oHOUSEoNO.o5 oOPPOSITEoGOL-oBUILDING oATHGAON oGUWAHATI oPIN-o781001 oDISTRICT-oKAMRUP(M) oASSAo VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoHEREINoBYoTHEoDISTRICToCOMMISSIONER,o GOVERNMENToOFoASSAM,o ADDRESS-oOFFICEoOFoTHEoDISTRICToCOMMISSIONER,o LICHUBAGAN,oHENGRABARI,oPIN-o781036,o KAMRUP(M),oASSAM. 2:THEoCIRCLEoOFFICER oGOVT.oOFoASSAM oOFFICEoOFoTHEoCIRCLEoOFFICER o GUWAHATIoREVENUEoCIRCLE o DISTRICT-oKAMRUP(M) oPIN-o781006 o Page No.# 2/3 ASSAM For the Petitioner(s) : Mr. S. Chamaria, Advocate For the Respondent(s) : Mr. N. Goswami, Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH