Anjana Bose and 2 Ors v. Kalpana Das Basu and 5 Ors

PageoNo.#o1/7 GAHC010161392024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2521/2024o ANJANAoBOSEoANDo2oORSo W/OoLATEoSHYAMALoBOSE,o RESIDENToOFoVILLAGEoPUSPAKPUR,oPOoMILANPUR,oPSoANDoDISTo NALBARI,oASSAMo781337o PERMANENToADDRESSoDIPALIoNAGAR,oBALURGHAT,oPOoBALURGHAT,oPSo BALURGHAT,oDISToSOUTHoDINAJPUR,oW.B 2:oSANGITAoBOSE oD/OoLATEoSHYAMALoBOSE o RESIDENToOFoVILLAGEoPUSPAKPUR oPOoMILANPUR oPSoANDoDISToNALBARI oASSAMo781337o PERMANENToADDRESSoDIPALIoNAGAR oBALURGHAT oPOoBALURGHAT oPSoBALURGHAT oDISToSOUTHoDINAJPUR oW.B 3:oNANDITAoBOSE oD/OoLATEoSHYAMALoBOSE o RESIDENToOFoVILLAGEoPUSPAKPUR oPOoMILANPUR oPSoANDoDISToNALBARI oASSAMo781337o PERMANENToADDRESSoDIPALIoNAGAR oBALURGHAT oPOoBALURGHAT oPSoBALURGHAT oDISToSOUTHoDINAJPUR oW.o Page No.# 2/7 VERSUS KALPANA DAS BASU AND 5 ORS W/O LATE SHYAMAL BOSE RESIDENT OF SONPUR WARD NO. 9 NALBARI TOWN, PO AND DIST NALBARI, ASSAM 781335 2:THE STATE OF ASSAM REPRESENTED Y THE DISTRICT COMMISSIONER NALBARI BARAMA ROAD PO AND DIST NALBARI ASSAM 781335 3:TINKUMONI BORA THE CIRCLE OFFICER NALBARI REVENUE CIRCLE PO AND DIST NALBARI ASSAM 781335 4:SRI BHABEN DAS LOT MANDAL NALBARI REVENUE CIRCLE PO AND DIST NALBARI ASSAM 781335 5:THE CIRCLE OFFICER (PRESENT) NALBARI REVENUE CIRCLE PO AND DIST NALBARI ASSAM 781335 6:SRI SAMIN DEKA VILLAGE HEADMAN VILLAGE SARIAHTALI PO MILANPUR PS AND DIST NALBARI ASSAM 78133 Advocate for the Petitioner : MR S C PANDIT, MD S ULLAH Advocate for the Respondent : GA, ASSAM, Linked Case : WA No. 9028/2024 (Filing Number) ANJANA BOSE AND 2 ORS Page No.# 3/7 VERSUS KALPANA DAS BASU AND 5 ORS H ------------ Advocate for : MR S C PANDIT Advocate for : appearing for KALPANA DAS BASU AND 5 ORS H Linked Case : I.A.(Civil)/2522/2024 ANJANA BOSE AND 2 ORS W/O LATE SHYAMAL BOSE RESIDENT OF VILLAGE PUSPAKPUR PO MILANPUR PS AND DIST NALBARI ASSAM 781337 PERMANENT ADDRESS DIPALI NAGAR BALURGHAT PO BALURGHAT PS BALURGHAT DIST SOUTH DINAJPUR W.B 2: SANGITA BOSE D/O LATE SHYAMAL BOSE

RESIDENT OF VILLAGE PUSPAKPUR PO MILANPUR PS AND DIST NALBARI ASSAM 781337 PERMANENT ADDRESS DIPALI NAGAR BALURGHAT PO BALURGHAT PS BALURGHAT DIST SOUTH DINAJPUR W.B 3: NANDITA BOSE D/O LATE SHYAMAL BOSE

RESIDENT OF VILLAGE PUSPAKPUR PO MILANPUR PS AND DIST NALBARI PageoNo.#o4/7 oASSAMo781337o PERMANENToADDRESSoDIPALIoNAGAR oBALURGHAT oPOoBALURGHAT oPSoBALURGHAT oDISToSOUTHoDINAJPUR oW.B oVERSUS KALPANAoDASoBASUoANDo5oORS W/OoLATEoSHYAMALoBOSEoRESIDENToOFoSONPURoWARDoNO.o9oNALBARIo TOWN oPOoANDoDISToNALBARI oASSAMo781335 2:THEoSTATEoOFoASSAM REPRESENTEDoYoTHEoDISTRICToCOMMISSIONER oNALBARI oBARAMAoROAD oPOoANDoDISToNALBARI oASSAMo781335 o3:TINKUMONIoBORA THEoCIRCLEoOFFICER oNALBARIoREVENUEoCIRCLE oPOoANDoDISToNALBARI oASSAMo781335 o4:SRIoBHABENoDAS LOToMANDALoNALBARIoREVENUEoCIRCLE oPOoANDoDISToNALBARI oASSAMo781335 o5:THEoCIRCLEoOFFICERo(PRESENT) NALBARIoREVENUEoCIRCLE oPOoANDoDISToNALBARI oASSAMo781335 o6:SRIoSAMINoDEKA VILLAGEoHEADMAN oVILLAGEoSARIAHTALI oPOoMILANPUR oPSoANDoDISToNALBARI oASSAMo781337 o------------ ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 5/7 For the petitioner/appellant(s) : Mr. Sunil Ch. Pandit, Advocate For respondent(s) : Ms. R.B. Bora, Jr. GA, Assam

– BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM

28.08.2024 (Vijay Bishnoi, CJ)

The matter has come up for consideration of Interlocutory Applications No. 2521/2024 and 2522/2024. In I.A. No. 2521/2024, the applicants have prayed for condoning the delay of 343 days in filing the connected writ appeal against the order dated 31.07.2023, passed by the learned Single Judge in WP(C) No. 4284/2023. I.A. No. 2522/2024 is preferred on behalf of the applicants seeking leave to file appeal against the order dated 31.07.2023, passed in WP(C) No. 4284/2023. The non-applicant No. 1, Kalpana Das Basu had filed the writ petition No. 4284/2023 before the Writ Court raising the grievance that she, being the owner and possessor of a plot of land measuring 25 Bighas, covered by Dag Nos. 112, 123, 116, 117, 122. 110, 124, 125, 129 and 170 of K.P. Patta No. 52 of village Saraiatali under Batahgila Mauza in the district of Nalbari, Assam, had approached the authorities concerned for demarcation of the said plot of land because some unknown persons had tried to encroach over her said plot of land, but her application was not considered and, consequently, demarcation of the land could not take place. The learned Single Judge has disposed of the writ petition directing the petitioner Kalpana Das Basu to furnish all necessary documents along with the format before the authority concerned for demarcation of the land with further direction to the Page No.# 6/7 authorities to complete the demarcation exercise within a period of two months. The learned Single Judge has further observed that the affected parties are to be given an opportunity of hearing before passing final orders. Learned counsel appearing for the applicants submits that by the order passed by the learned Single Judge, the rights of the applicants are going to be affected because they are the real owners of the land in question. It is further submitted that the learned Single Judge has passed the impugned order without hearing the applicants, who are going to be affected by the demarcation. Learned counsel for the applicants has therefore prayed that leave be granted to the applicants to file writ appeal for challenging the order passed by the learned Single Judge and the delay in filing the connected writ appeal against the impugned order also be condoned. Having heard the learned counsel for the applicants and after taking into consideration the fact that the demarcation proceedings pursuant to the order passed by the learned Single Judge have not been finalised till date and, further, in view of the observations made by the learned Single Judge, the affected parties, including the applicants are required to be heard before passing final orders by the respondent authorities responsible for demarcation of the land in question, we are of the view that no further adjudication by this Court is required on the matter. However, we expect that if the non-applicant Kalpana Das Basu approaches/has already approached the authorities concerned for demarcation of the land in question, the authorities concerned shall pass the final orders after providing opportunity of hearing to the applicants herein. In view of the above, we do not find any case for condoning the delay in filing the connected appeal and also for granting leave to the applicants to file appeal challenging the order dated 31.07.2023 passed by the learned Single Judge in WP(C) No. 4284/2023. Accordingly, I.A.s No. 2521/2024 and 2522/2024 are disposed of with the above Page No.# 7/7 observations. Resultantly, the connected writ appeal No. 9252/2024 (Filing Number) also stands disposed of.

JUDGE CHIEF JUSTICE Comparing Assistant