Binod Singh v. The State of Assam and 6 Ors

ORDER

16.08.2024

Heard Mr. S Chakraborty, the learned counsel appearing on behalf of the petitioner. Ms. G Hazarika, the learned counsel appears on behalf of respondent No.1, Mr. BJ Talukdar, the learned counsel appears on behalf of respondent Page No.# 3/5 Nos.2 and 3 and Mr. R Majumdar, the learned counsel appears on behalf of the respondent Nos.4 to 7.

¶2The petitioner herein had challenged the order dated 28.09.2020 passed by the learned Additional District Magistrate, Morigaon whereby a proceedings i.e. Case No. M.R.138/2019 was reopened on the basis of a purported order of the Deputy Commissioner, Morigaon.

¶3The learned counsel appearing on behalf of the petitioner submits that the order dated 28.09.2020 passed in M.R.138/2019 is an order by which the learned Additional District Magistrate had sought to review an order dated

11.09.2020 passed in the said proceedings which the said authority did not had the jurisdiction to do so.

¶4This Court had duly heard the learned counsels appearing on behalf of the parties and has given an anxious consideration.

¶5A perusal of the order dated 11.09.2020 passed in M.R.138/2019 clearly shows that on the basis of a police report, the learned Additional District Magistrate, Morigaon had declared the possession of the petitioner on the disputed land and thereupon dropped the said proceedings. Pursuant thereto on

28.09.2020, the learned Additional District Magistrate, Morigaon again reopened the said proceedings. In the opinion of this Court, the learned Additional District Magistrate has no jurisdiction to do so, however, erroneous the order dated Page No.# 4/5

11.09.2020 may be. The said opinion is based on the well settled principles of law that the power to review is a creation of a statute. Accordingly, the impugned order dated 28.09.2020 passed by the learned Additional District Magistrate Morigaon is set aside and quashed.

¶6Before parting with the records, this Court, however, finds it very pertinent to take note of the submissions of Mr. R Majumdar, the learned counsel appearing on behalf of the private respondents. The learned counsel submitted that the order dated 11.09.2020 is bereft of any reasons and was passed at a time when the various lockdowns were in operation. He submits that in view of the order dated 28.09.2020, the proceedings were again re-opened. The private respondents did not challenge the order dated 11.09.2020 as per the mandate of law, and, therefore, submitted that as the Court is setting aside the order dated 28.09.2020, liberty may be given to the private respondents to assail the order dated 11.09.2020 before the appropriate Court and the limitation for filing such a proceedings may be condoned taking into account that today only, this Court had set aside the order dated 28.09.2020.

¶7This Court has given due consideration to the said submission. It is apparent that as the proceedings being M.R.138/2019 was reopened there was no occasion on the part of the private respondents to challenge the order dated

11.09.2020 and it is on account of the order passed herein today that the order dated 11.09.2020 in M.R.138/2019 had again come into existence.

¶8Under such circumstances, this Court grants 30(thirty) days time from Page No.# 5/5 today to the private respondents to assail the order dated 11.09.2020 as per the extant law.

¶9For the sake of clarity that this Court makes it clear that the setting aside of the order dated 28.09.2020 by this Court shall not be construed that this Court had given any approval to the order dated 11.09.2020. The legality and validity of the order dated 11.09.2020 shall be decided in due proceedings.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010160662020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4798/2020o BINODoSINGHo S/OoSRIoPRASADIoSINGHo RESIDENToOFoVILLAGEoCHANAKA.oPSoMAYONG,oDISToMORIGAON,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM.oREVENUEoDEPARTMENT,oDISPURoGUWAHATIo781006 2:THEoDISTRICToMAGISTRATE oMORIGAONoDISTRICT oMORIGAON o782001 3:THEoADDITIONALoDISTRICToMAGISTRATE oMORIGAONoDISTRICT oMORIGAON o782001 4:SHRIoMADHABoDEKA oS/OoLATEoBASIRAMoDEKAo RESIDENToOFoVILLAGEoCHANAKA oPSoMAYONG oDISToMORIGAON o782411oASSAM 5:SHRIoKRISHNAoSAIKIA oS/OoLATEoBATIRAMoSAIKIAo RESIDENToOFoVILLAGEoCHANAKA oPSoMAYONG Page No.# 2/5 DIST MORIGAON 782411 ASSAM 6:SHRI NILADHAR SAIKIA S/O LATE HAHIRAM SAIKIA RESIDENT OF VILLAGE CHANAKA PS MAYONG DIST MORIGAON 782411 ASSAM 7:SHRI HAREN DEKA S/O BAHADUR SAIKIA RESIDENT OF VILLAGE CHANAKA PS MAYONG DIST MORIGAON 782411 ASSA Advocate for the petitioner(s): Mr. S Chakraborty Advocate for the respondent(s): Ms. G Hazarika For respondent No.1 Mr. BJ Talukdar For respondent Nos.2 and 3 Mr. R Majumdar For respondent Nos.4, 5, 6 and 7 B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH