Jogendra Lal Baishya v. The State of Assam and 5 Ors

ORDER Date : 09.08.2024

Heard Mr. G. Das, the learned counsel appearing on behalf of the Petitioner and Ms. M. Barman, the learned Junior Government appearing on behalf of the Respondents.

¶2The instant writ petition is taken up for disposal at the motion stage itself taking into account the limited prayer of the Petitioner.

¶3The case of the Petitioner herein is that the Petitioner is the owner of a plot of land. However to the surprise of the Petitioner, the names of Page No.# 3/4 the private respondents have been included in the records of rights and as such the petitioner made enquiry and could come to learn that on the basis of certain alleged fraudulent documents, the name of Respondent No.6 was inserted in the record of rights.

¶4It is the case of the Petitioner that the Petitioner had applied for the certified copies of alleged fraudulent documents however the Respondent Authorities have not provided those certified copies. Under such circumstance, the Petitioner has therefore approached this Court.

¶5On the last occasion, this Court vide an order dated 02.08.2024 directed the Petitioner to file an additional affidavit bringing on record the documents to show that there was an application filed for the certified copies of the deeds in question. However, the said additional affidavit has not been filed.

¶6Ms. M. Barman, the learned Junior Government Advocate submits that if the Petitioner had applied through the online mode in the portal, the Respondent Authority would definitely provide those certified copies if those are available with the Respondents.

¶7Taking into account the submission made by Ms. M. Barman, the learned Junior Government Advocate, the petitioner herein is given the liberty to file an application seeking the certified copies in online mode and in the event such application is filed, the Respondent Authorities more particularly the Respondent Nos.3 and 5 shall provide the certified copies of those documents provided the same are available with the said respondents. The said exercise be completed within 30 days from the date of the application so filed. Page No.# 4/4

¶8With above observations and directions, the instant petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010141462024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3834/2024o JOGENDRAoLALoBAISHYAo S/OoLATEoBIPINoLALoBAISHYAo R/OoNORTHoGUWAHATI,oNEARoSANKARDEVoPRIMARYoSCHOOL,o DIHINGoSATRA,oP.O.oNORTHoGUWAHATI,oPIN-781030 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoDEPARTMENToOFoREVENUEo ANDoDISASTERoMANAGEMENT,oCAPITALoCOMPLEX,o DISPUR,oGUWAHATI-o781006. 2:THEoINSPECTORoGENERALoOFoREGISTRATION oDIRECTORATEoOFoLANDoRECORDSoANDoSURVEYS oRAJAHoBHAWAN oRUPNAGAR oGUWAHATI oASSAM oPIN-781032 3:THEoDISTRICToCOMMISSIONERoCUMoDISTRICToREGISTRAR oKAMRUP oGOVERNMENToOFoASSAM oDCoOFFICEoROAD oAMINGAON oASSAM-o781039 4:THEoSUPERINTENDENToOFoPOLICE oKAMRUP Page No.# 2/4 OFFICE OF THE SUPERINTENDENT OF POLICE AMINGAON ASSAM- 781039 5:THE SENIOR SUB- REGISTRAR KAMRUP (SADAR) ASSAM OFFICE OF DISTRICT COMMISSIONER DC OFFICE ROAD KAMRUP AMINGAON ASSAM- 781039 6:SHRI ARUN JAIN ALIAS RAHUL R/O DIPAK PATH BHARALUMUKH GUWAHATI-781009 For the Petitioner(s) : Mr. G. Das, Advocate For the Respondent(s) : Ms. M. Barman, Jr. Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH