Swapan Bharali v. The State of Assam and 5 Ors

ORDER Date : 21-06-2024

Mr. R. Sharma, learned counsel for the petitioner submits that his appeal which was registered as RR Appeal No. 7/2021 was restored to file by order dated 9.06.2023 passed in WP(C) No. 1994/2023 with a direction to dispose of the said appeal within a period of 2(two) months. The appeal was earlier disposed of by the Lower Assam Commissioner. However now the competent appellate authority is notified as the Director of Land Record and Survey, Assam. Mr. S. Dutta, learned Standing Counsel for the Revenue Department submits that the concerned Officer was on election duty and now has resumed office and the said authority is taking up the appeal hearing regularly. As the said appeal is preferred under section 162 -C of the Executive Instructions under the Assam Land and Revenue Regulation, 1886, the Court is inclined to provide liberty to the petitioner to produce a certified copy of this order along with representation before the said Appellate Authority so as to enable the Appellate Authority to take-up the appeal of the petitioner and dispose of the same as expeditiously as possible. It is clarified that the matter is not been heard on merit, therefore it would be open to the petitioner to raise any issue as desired by him in the said Revenue Appeal. Page No.# 3/3

In view of the above, this writ petition stands disposed of.

JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010119092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3064/2024o SWAPANoBHARALIo S/O-oSHUKLAIoBHARALI,oR/O-oVILL-oMATABORI,oMOUZA-oCHENGA,oP.S.o TARABARI,oDIST.oBARPETA,oASSAM,oPIN-o781305 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oREVENUEoDEPARTMENT 2:THEoCOMMISSIONERoFORoLOWERoASSAM oGUWAHATIoPANBAZAR oASSAM oPIN-o781001 3:THEoDEPUTYoCOMMISSIONER oBARPETA oASSAM 4:THEoADDITIONALoDEPUTYoCOMMISSIONER oREVENUE oBARPETA oASSAM 5:THEoCIRCLEoOFFICER oCHENGAoREVENUEoCIRCLE oCHENGAoMOUZA oBARPETA oASSAM 6:THEoDIRECTORoOFoLANDoRECORDoANDoSURVEY oASSAo Page No.# 2/3 Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA