Krishna Borthakur and 8 Ors v. The Oil and Natural Gas Co. Ltd and 4 Ors

ORDER Date : 24.04.2024

¶1This is an application filed under Article 227 of the Constitution challenging the order dated 30.10.2023 passed in Misc. (J) Case No.48/2023 arising out of Title Suit No.26/2017.

¶2Vide the said order dated 30.10.2023, the learned Trial Court i.e. the Court of the learned Civil Judge (Senior Division), Sivasagar had rejected the application filed by the petitioners seeking appointment of a commission as regards the actual possession of the suit land.

¶3During the course of hearing, Mr. T. J. Mahanta, the learned Senior counsel appearing on behalf of the petitioners drew the attention of this Court to the written statement filed by the Circle Officer i.e. the Defendant No.5 wherein it Page No.# 4/5 was categorically admitted in the paragraph No.4 of the written statement that the defendant No.1 was in a possession of 7 Bighas 0 Kathas 3 Lechas of land as per the measurement made on 21.02.2017 and that particular plot of land belonged to the plaintiffs as they were the patta holders.

¶4The learned Senior counsel submitted that taking into account the categorical admission of the Revenue Authority, the said application under Order XXVI for appointment of a commission ought not to have been filed by the plaintiffs in the suit. Be that as it may, the learned Senior counsel submitted that the observations made in the said order dated 30.10.2023 should not prejudice the learned Trial Court while deciding the said suit.

¶5This Court has duly heard Mr. B. K. Das, the learned counsel for the Respondent Nos. 1, 2 and 3.

¶6This Court having perused the written statement filed by the Defendant No.5 who represents the revenue authority is of the opinion that the application so filed was totally unnecessary and the learned Trial Court was justified in rejecting the said application. Under such circumstances, this Court is not inclined to interfere with the order dated 30.10.2023 passed by the learned Trial Court.

¶7It is further observed that the rejection of the application filed by the petitioners and the observations made in the impugned order should not prejudice the petitioners/plaintiffs during the adjudication of the trial.

¶8This Court further takes note of that vide an order dated 04.01.2024, the proceedings of Title Suit No.26/2017 which was pending before the Court of the learned Civil Judge (Senior Division), Sibsagar was stayed. The said interim order dated 04.01.2024 is hereby vacated and as the parties are duly Page No.# 5/5 represented before this Court, they are directed to appear before the learned Trial Court on 20.05.2024 for further proceedings of the suit.

¶9With above observations and directions, the instant revision application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010285252023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/434/2023o KRISHNAoBORTHAKURoANDo8oORS.o S/O-oLATEoTARAoNATH,oR/O-oVILL.-oGELEKEYoBRAHMINoGAON,oP.O.oANDo P.S.oGELEKEY,oDIST.oSIVASAGAR,oASSAM 2:oRAMoBORTHAKUR oS/O-oLATEoTARAoNATH oR/O-oVILL.-oGELEKEYoBRAHMINoGAON oP.O.oANDoP.S.oGELEKEY oDIST.oSIVASAGAR oASSAM 3:oNABINoBORTHAKUR oS/O-oLATEoBHABA oR/O-oVILL.-oGELEKEYoBRAHMINoGAON oP.O.oANDoP.S.oGELEKEY oDIST.oSIVASAGAR oASSAM 4:oTARUNoBORTHAKUR oS/O-oLATEoBHABA oR/O-oVILL.-oGELEKEYoBRAHMINoGAON oP.O.oANDoP.S.oGELEKEY oDIST.oSIVASAGAR oASSAM 5:oMAKHONoBORTHAKUR oS/O-oLATEoSARBESWAR oR/O-oVILL.-oGELEKEYoBRAHMINoGAON oP.O.oANDoP.S.oGELEKEY oDIST.oSIVASAGAR oASSAM 6:oPULINoBORTHAKUR oS/O-oLATEoSARBESWAR PageoNo.#o2/5 oR/O-oVILL.-oGELEKEYoBRAHMINoGAON oP.O.oANDoP.S.oGELEKEY oDIST.oSIVASAGAR oASSAM 7:oPROBINoBORTHAKUR oS/O-oLATEoSARBESWAR oR/O-oVILL.-oGELEKEYoBRAHMINoGAON oP.O.oANDoP.S.oGELEKEY oDIST.oSIVASAGAR oASSAM 8:oROBINoBORTHAKUR oS/O-oLATEoSARBESWAR oR/O-oVILL.-oGELEKEYoBRAHMINoGAON oP.O.oANDoP.S.oGELEKEY oDIST.oSIVASAGAR oASSAM 9:oBIRENoBORTHAKUR oS/O-oLATEoSARBESWAR oR/O-oVILL.-oGELEKEYoBRAHMINoGAON oP.O.oANDoP.S.oGELEKEY oDIST.oSIVASAGAR oASSAo VERSUSo THEoOILoANDoNATURALoGASoCO.oLTDoANDo4oORSo THEoEXECUTIVEoDIRECTOR,oASSAMoASSET,oNAZIRA,oDIST.oSIVASAGAR,o ASSAM,oPIN-o785697. 2:CHIEFoMANAGERo(PoANDoA)oADMINISTRATION oO.N.G.C oNAZIRA oDIST.oSIVASAGAR oASSAM oPIN-o785697. 3:THEoLANDoACQUISITIONoINoCHARGEoO.N.G.C. oASSAMoASSET oSIVASAGAR oDIST.oSIVASAGAR oASSAM oPIN-o785697. Page No.# 3/5 4:THE DEPUTY COMMISSIONER SIVASAGAR DIST. SIVASAGAR ASSAM PIN- 785640. 5:CIRCLE OFFICER NAZIRA DIST. SIVASAGAR ASSAM PIN- 785685 For the Petitioner(s) : Mr. T. J. Mahanta, Sr. Advocate : Ms. P. Sarma, Advocate For the Respondent(s) : Mr. B. K. Das, Advocate : Mr. T. R. Gogoi, Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH