Disposed

Aurobindo Vidyamandir High School and 3 Ors. v. the State of Assam and 9 Ors.

Gauhati HC20 Sept 2022I.A.(Civil)/1273/2022

Case brief

AI extract

What is this about?

In an interloutory application linked to a disposed writ petition concerning land dispute, the Gauhati High Court clarified that authorities must measure specific dag numbers to prepare a detailed report considering all attendant facts and circumstances, disposing of the matter with liberty to list for review later.

What did the court decide?

Direction to authorities to measure specific plots while preparing the report; liberty to parties to seek listing for review after report submission.

Aurobindo Vidyamandir High School and 3 Ors. Vs the State… — Land Acquisition | Gauhati HC (2022)

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Page No.# 1/6

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GAHC010250042019

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

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I.A.(Civil)/1273/2022

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AUROBINDO VIDYAMANDIR HIGH SCHOOL and 3 ORS PROVINCIALISED ULUBARI GHY-7 RAM KRISHNA MISSION ROAD REP. BY ITS IN CHARGE HEADMISTRESS AND MEMBER SECY.

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VERSUS THE STATE OF ASSAM AND 9 ORS REP BY THE COMMISSIONER AND SECRETARY DEPTT. OF REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI-06

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2:THE COMMISSIONER AND SECRETARY DEPTT OF REVENUE AND DISASTER MANAGEMENT GOVT OF ASSAM DISPUR GUWAHATI-6 -----------Advocate for : MR.R HAZARIKA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 9 ORS

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Linked Case : WP(C)/6789/2015

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AUROBINDO VIDYAMANDIR HIGH SCHOOL and 3 ORS

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Page No.# 2/6

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PROVINCIALISED ULUBARI GHY-7 RAM KRISHNA MISSION ROAD REP. BY ITS IN CHARGE HEADMISTRESS AND MEMBER SECY. 2: THE IN CHARGE HEADMISTRESS SRI AUROBINDO VIDYAMANDIR HIGH SCHOOL PROVINCIALISED ULUBARI RAM KRISHNA MISSION ROAD GHY-7 3: THE MANAGING COMMITTEE SRI AUROBINDO VIDYAMANDIR HIGH SCHOOL PROVINCIALISED ULUBARI RAM KRISHNA MISSION ROAD GHY-7 REP. BY ITS PRESIDENT SRI CHITTARANJAN POTAWARY 4: THE PRESIDENT SRI AUROBINDO VIDYAMANDIR HIGH SCHOOL PROVINCIALISED ULUBARI RAM KRISHNA MISSION ROAD GHY-7 VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE COMMISSIONER and SECY. REVENUE and DISASTER MANAGEMENT DEPTT. DISPUR GHY-6 2:THE DY. SECY. TO THE GOVT. OF ASSAM REVENUE and DISASTER MANAGEMENT DEPTT. DISPUR GHY-6 DIST- KAMRUP METRO ASSAM 3:THE DY. COMMISSIONER DIST- KAMRUP METRO GHY-1 4:THE ADDL. DY. COMMISSIONER KAMRUP METRO

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Page No.# 3/6

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GHY-1 5:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE PAN BAZAR GHY-1 6:THE GAUHATI MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER GHY-1 DIST- KAMRUP METRO 7:THE COMMISSIONER GMC PANBAZAR GHY-1 DIST- KAMRUP METRO 8:THE COMMISSIONER OF POLICE GUWAHATI DIST- KAMRUP METRO 9:PALTAN BAZAR SAK PACHALI KHUDRA BYBASAYEE SANTHA A.T. ROAD PALTAN BAZAR GHY-1 REP. BY ITS PRESIDENT SRI DIGAMBAR BARMAN S/O LT. RAMESWAR BARMAN 10:FOIMUR ALI S/O LT. TOISUR ALI ISLAMPUR GHY-3 SECY. PALTAN BAZAR SAK PACHALI KHUDRA BYBASAYEE SANTHA -----------Advocate for : MR.R HAZARIKA Advocate for : MR.M R CHOUDHURY appearing for THE STATE OF ASSAM AND 7 ORS

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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20-09-2022

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1. Heard Shri J. Roy, learned Senior Counsel for the applicant. Also heard Ms.

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Page No.# 4/6

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G. Hazarika, learned Standing Counsel, Revenue for respondent nos. 1 & 2, Shri N. Goswami, learned State Counsel for respondent nos. 3, 4, 5 & 8, Shri S. Bora, learned Standing Counsel for respondent nos. 6 & 7 and Shri M.H. Ahmed, learned Standing Counsel for respondent nos. 9 & 10.

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2. The instant Interlocutory Application has been filed in the disposed of writ petition making the following prayers:

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“In the premises aforesaid it is most respectfully prayed that Your Lordships may be pleased to admit this application thereby direct the Circle Officer, Guwahati Revenue Circle, Panbazar, Guwahati, in the district of Kamrup (M), Assam (Respondent No. 5) for proper implementation of the order dated 05.01.2017 passed by the Hon’ble Court in W.P. (C) No. 6789/2015 (Aurobindo Vidyamandir (Provincialised) High School & 3 Ors. –vs- The State of Assam & 7 Ors.) in its letter and spirit and conduct a detail survey and measurement of Dag. No. 1772 and 1774 of revenue village- Ulubari Gaon, under Ulubari Mouza, Guwahati, so that actual report on Dag No. 329,330,336,337,338 of revenue village – Ulubari Gaon, under Ulubari Mouza, Guwahati can be prepared / submitted by the Respondent authority concerned and / or may be pleased to pass such other order or orders as your Lordship may deem fit and proper in the interest of justice.”

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3. It is the case of the petitioner that initially a review application was filed before this Court being Review Petition No. 181/2019 for review of the present order dated 05.01.2017 passed in the accompanying writ petition. However, in the said Review petition, an observation was made that the review applicant may take appropriate steps in view of the difficulties expressed by the Circle Officer which he has indicated in the communication dated 07.04.2017 to the learned Senior Government Advocate of this Court.

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Page No.# 5/6

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4. By the aforesaid communication dated 07.04.2017, the Circle Officer has informed that though a detailed order was directed to be passed in respect of the plots of land in question, the same can be done only after measurement of Dag Nos. 1772 and 1774 for which a clarification be obtained from the Court. The learned Senior Counsel for the applicant accordingly submits that the present application has been filed seeking such clarification that measurement of the aforesaid two Dags be made so as to pass a detailed order as directed by this Court in the judgment dated 05.01.2017 passed in WP(C)/6789/2015.

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5. The prayer made in the Misc Case is not opposed by the learned counsel for the respondents. However, Shri Ahmed, the learned counsel for the respondent nos. 9 & 10 has submitted that while making the report, all the facts and circumstances, may be taken into account so that the actual picture may be reflected in the same.

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6. This Court is of the opinion that since the earlier order passed by this Court was not clear in this aspect and on the specific difficulty expressed in the communication dated 07.04.2017, it is made clear that while preparing the report in terms of the earlier order of this Court, the authorities are at liberty to make due measurements of the plots of land under Dag Nos. 1772 and 1774.

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7. It is needless to say that all the attending facts and circumstances be taken into account so that no apprehension is left in the minds of the contesting parties while preparing the report.

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8. The Interlocutory Application accordingly stands disposed of.

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9. The parties are given liberty to make a mention for listing of the review after the report is furnished.

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JUDGE

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Comparing Assistant

Aurobindo Vidyamandir High School and 3 Ors. v. the State of Assam and 9 Ors.

Case brief

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Aurobindo Vidyamandir High School and 3 Ors. v. the State of Assam and 9 Ors.

Case brief

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