Allowed

Sailen Sarma and 11 Ors. v. the State of Assam and 7 Ors.

Gauhati HC3 Jan 2020I.A.(Civil)/3080/2019

Case brief

AI extract

What is this about?

This order restores a writ petition (WP (C) 5788/2011) and conflates orders with delays for adjudication, overriding a standing counsel's submission that the petition is not maintainable due to the subject matter already being covered by an earlier decision.

What did the court decide?

Recalled the order dated 16.07.2019 and restored WP (C) 5788/2011 to file for hearing after Bihu vacation.

Sailen Sarma and 11 Ors. Vs the State of Assam and… — Writ and Judicial Review | Gauhati HC (2020)

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GAHC010218152019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 3080/2019

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1:SAILEN SARMA and 11 ORS

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S/O LATE DINESH CH. SARMA, R/O VILL. AND P.O. NAGAON, DIST. BARPETA, ASSAM.

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2: SRI SAPON BORAH

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SON OF ROSHESWAR BORAH R/O VILL- KUKURA CHAWAR P.O. DIPHALU SATRA DIST. SONITPUR ASSAM.

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3: SRI KUMUD SAIKIA

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SON OF SRI TEPURAM SAIKIA R/O VILL- GAGALGAON P.O. KALABARI DIST. SONITPUR ASSAM.

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4: SRI BIMAL SAIKIA

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SON OF SRI TUKHESWAR SAIKIA R/O VILL- BHALUKAGURI P.O. DHAKUAKHANA DIST. LAKHIMPUR ASSAM.

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5: SRI DIPAK SAIKIA SON OF LATE TILESWAR SAIKIA R/O VILL- PAHUKATA P.O. MAJIKUCHI DIST. SONITPUR ASSAM.

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6: SRI KULADHAR SONOWAL

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SON OF SRI RIJON SONOWAL R/O VILL- SINGIMARI P.O. BOTGHARIS DIST. DHEMAJI ASSAM.

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7: SRI NURUL ISLAM SON OF SRI FORMUZ ALI R/O VILL- PATRAPUR P.O. KENDUA DIST. KAMRUP ASSAM

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8: SRI DEBOJIT PEGU

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SON OF RATNESWAR PEGU R/O VILL- KHALIHAMARI P.O. BOGINADI DIST. LAKHIMPUR ASSAM.

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9: SRI RIPUL BORUAH

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SON OF LATE SUMESWAR BORUAH R/O VILL- NO. 2 KUWADANGA P.O. KUWADANGA DIST. LAKHIMPUR ASSAM.

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10: SRI RANA PRATAP SARMA SON OF SRI RADHA NATH SARMA R/O VILL- PIGALESWAR P.O. PIGALESWAR DIST. KAMRUP ASSAM.

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11: SRI MRIDUL SARMA SON OF SRI RADHA NATH SARMA R/O VILL- PIGALESWAR P.O. PIGALESWAR DIST. KAMRUP ASSAM.

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12: SRI RABINDRA KUMAR DEB SON OF LATE RASHAMAY DEB R/O VILL- KHARIKATIA GAON P.O. TITABOR DIST. JORHAT ASSAM.

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13: SRI JITU KUMAR BORA

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SON OF SRI DAMBARU BORA R/O VILL- MIKIRBORACHUK MOUZAGOHPUR DIST. SONITPUR ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 7 ORS

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REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANGEMENT DEPTT., DISPUR, GUWAHATI

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2:THE DIRECTOR OF LAND RECORD AND SURVEYS ASSAM RUPNAGAR GUWAHATI-32.

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3:THE DEPUTY COMMISSIONER KAMRUP ASSAM GUWAHATI-1.

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4:THE DEPUTY COMMISSIONER BARPETA VILL- AND P.O. BARPETA PIN- CODE- 781301 DIST. BARPETA ASSAM.

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5:THE DEPUTY COMMISSIONER JORHAT P.O. JORHAT PIN CODE- 785001 DIST. JORHAT ASSAM.

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6:THE DEPUTY COMMISSIONER SONITPUR P.O. TEZPUR PIN CODE- 784001.

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7:THE DEPUTY COMMISSIONER LAKHIMPUR P.O. LAKHIMPUR PIN CODE-787001 DIST. LAKHIMPUR ASSAM.

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8:THE DEPUTY COMMISSIONER

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DHEMAJI P.O. DHEMAJI PIN CODE NO. 787057

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Advocate for the Petitioner : MR. I H SAIKIA

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Advocate for the Respondent : SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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Date : 03-01-2020

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This Court vide an order passed today in I.A. (Civil) 4258/2019 has condoned the delay in filing the instant restoration application.

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I have heard the learned counsel for the parties and also perused the averments made in the I.A. The learned counsel for the applicant further submits that the subject matter in question is important to the applicant petitioner, which requires an adjudication on merits.

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Shri P. J. Talukdar, learned standing counsel, Revenue Dept. however, submits that the writ petition is not maintainable.

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Be that as it may, this Court is of the opinion that the writ petition is liable to be restored and adjudicated on merits, in which event the learned standing counsel would also have been the liberty to raise the preliminary objection on maintainability on the ground that the subject matter is already covered by the earlier decision of this Court.

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Accordingly, the order dated 16.07.2019 is recalled and WP (C) 5788/2011 is restored to file.

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Since, the writ petition is of the year 2011, Registry to list this case for hearing the matter after the Bihu vacation.

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JUDGE

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Comparing Assistant

Sailen Sarma and 11 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Sailen Sarma and 11 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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