Jyotindra Narayan Dutta Boruah and Anr v. The State of Assam and 5 Ors

ORDER

26.07.2023 The Petitioners herein are aggrieved by the inaction on the part of the Office of the Deputy Commissioner, Kamrup(Metro) in not disposing off the Page No.# 3/4 Partition Case No. 7/2011-12 which is pending before the said authorities since the year 2012.

¶2This Court vide an order dated 24.07.2023 directed the learned counsel appearing on behalf of the Deputy Commissioner, Kamrup(Metro) to obtain instructions as regards the application filed by the Petitioner seeking partition.

¶3Mr. N. Goswami, the learned counsel appearing on behalf of the Deputy Commissioner, Kamrup(Metro) had produced an instruction issued by the Additional Deputy Commissioner, Kamrup(Metro), wherein it has been mentioned that all Land Records and Revenue Map of Kamakhya Revenue Village were submitted to this Court as per the order passed in W.P.(C) No. 6498/2003 and Misc. Case No. 2613/2009. It was further mentioned that all revenue related works were kept in abeyance and no revenue records were available in the Office of the Circle Officer, Guwahati Revenue Circle during the pendency of W.P.(C) No. 6498/2003. Further to that, it was stated that the said writ petition upon being disposed off the revenue records have been returned to the Circle Officer, Guwahati Revenue Circle. It was also stated that the Partition Case No. 7/2011-12 is still pending in the Office of the Circle Officer, Guwahati Revenue Circle and would be settled as per the relevant Rules applicable in case of partition of land in the State of Assam.

¶4Mr. A.H.M.R. Choudhury, the learned counsel appearing on behalf of the Respondent No. 4 submitted that the said Respondent should also be heard before passing any orders in the said proceeding.

¶5This Court put a specific query upon Mr. N. Goswami, the learned counsel appearing on behalf of the Deputy Commissioner, Kamrup(M) as to within what time span the said partition proceedings could be completed. The learned Page No.# 4/4 counsel submitted that he has no instruction as to how much time would be required for finalisation of the said partition proceedings inasmuch as notices have to be issued to all concerned and only upon hearing them, the said partition proceedings could be brought to a logical conclusion. The learned counsel further submitted that in case there arises serious disputes as regards Title, the same has to be referred to the competent Court for decision by keeping the partition proceedings in abeyance. However, he submits that the Deputy Commissioner, Kamrup(Metro) shall take appropriate steps so that the said partition proceeding is culminated at the earliest.

¶6Taking into account the above, the instant writ petition therefore stands disposed off thereby directing the Deputy Commissioner, Kamrup(M) to either by himself or through an official duly authorised under his establishment to dispose of the said Partition Case No. 7/2011-12 as expeditiously as possible within a period of 6 (six) months from the date a certified copy of the instant order is served upon Deputy Commissioner, Kamrup(M). It is however made clear that if objections are filed raising any question of title, the learned Deputy Commissioner, Kamrup(Metro) as such Officer duly entrusted shall take steps in terms with Section 100 of the Assam Land & Revenue Regulation, 1886.

¶7The communication so submitted by Mr. N. Goswami is kept on record and marked with the letter "X".

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010124352014 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2486/2014o JYOTINDRAoNARAYANoDUTTAoBORUAHoandoANRo S/OoLT.oHARIoNARAYANoDUTTAoBARUAH,oR/OoCOLLEGEoHOSTELoROAD,o PANBAZAR,oGHY-1,oP.S.oPANBAZAR,oDIST-oKAMRUPoMETRO,oASSAM 2:oMANIDEEPAoDUTTAoBARUAH oW/OoLT.oRAMENDRAoNARAYANoDUTTAoBARUAH oR/OoCOLLEGEoHOSTELoROAD oPANBAZAR oGHY-1 oP.O.oandoP.S.oPANBAZAR oDIST-oKAMRUPoMETRO oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEoDEPARTMENT,oDISPUR,oGHY-6 2:THEoDY.oCOMMISSIONER oKAMRUPoMETRO oPANBAZAR oGHY-1 3:THEoCIRCLEoOFFICER oGUWAHATIoREVENUEoCIRCLE oPANBAZAR oGHY-1 4:MONOROMAoDUTTAoBARUAH oW/OoLT.oMANINDRAoNARAYANoDUTTAoBARUAH 5:RENUoDUTTAoBARUAH oW/OoLT.oBHABENDRAoNARAYANoDUTTAoBARUAH Page No.# 2/4 6:(a) SRI PRASENJEET DUTTA BARUAH S/O. LATE JITENDRA DUTTA BARUAH R/O. S-17/1701 CLOSE SOUTH NIRVANA COUNTRY SOUTH CITY-2 GURGAON HARYANA-122018. 6:ON THE DEATH OF SREEMOYEE DUTTA BARUAH HER LEGAL HEIRS 6(a) AND 6(b) REPRESENTING W/O LT. JATENDRA NARAYAN DUTTA BARUAH NOS.4 TO 6 ARE THE R/O SREE GURU PRESS COMPLEX NEAR MALIGAON RLY GATE NO.3 GHY-11 DIST- KAMRUP METRO ASSAM 6:(b) SMTI. ANUSHKA SINGH D/O. LATE JITENDRA DUTTA BARUAH R/O. F-63 GREENWOOD CITY NEAR UNITECH CYBER PARK SECTOR-46 GURGAON HARYANA-122002 For the Petitioners : Mr. P.Nayak, Advocate. For the Respondents : Mr. N. Goswami, Advocate (R-2). Mr. A.H.M.R. Choudhury, Advocate (R-4). BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH