Partly allowed

Robin Dutta and 3 Ors. v. the Additional Deputy Commissioner and Anr.

Gauhati HC3 Nov 2022WP(C)/2337/2021

Case brief

AI extract

What is this about?

The Gauhati High Court held that the Board of Revenue set aside an appeal order without reasons. The court remanded the matter for a fresh consideration on merits, allowing the writ petition in part.

What did the court decide?

Order dated 01.12.2020 setting aside the impugned order is set aside. Matter remanded to Board of Revenue for consideration on merits.

Robin Dutta and 3 Ors. Vs the Additional… — Public Procurement and Tenders | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010060982021

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

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Case No. : WP(C)/2337/2021

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ROBIN DUTTA AND 3 ORS

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S/O. LT. BHODRAM DUTTA, R/O. CHEKONIDHARA GAON, RAJABARI, P.O. RAJABARI, P.S. AND DIST. JORHAT, ASSAM, PIN-785014.

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2: BITUL DUTTA S/O. LT. BHODRAM DUTTA R/O. CHEKONIDHARA GAON RAJABARI P.O. RAJABARI P.S. AND DIST. JORHAT ASSAM PIN-785014.

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3: BIJOY DUTTA S/O. LT. BHODRAM DUTTA R/O. CHEKONIDHARA GAON RAJABARI P.O. RAJABARI P.S. AND DIST. JORHAT ASSAM PIN-785014.

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4: DIPAK DUTTA S/O. LT. NANDESWAR DUTTA R/O. CHEKONIDHARA GAON RAJABARI P.O. RAJABARI P.S. AND DIST. JORHAT ASSAM PIN-785014 VERSUS

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THE ADDITIONAL DEPUTY COMMISSIONER AND ANR

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JORHAT DISTRICT, P.O., P.S. AND DIST. JORHAT, ASSAM, PIN-785001.

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2:PRODIP DUTTA S/O. LT. DEBEN DUTTA VILL. NO.2 KATHIAKHUNDA SAPEKHATI P.S. SAPEKHATI DIST. JORHAT ASSAM PIN-785705 PRESENTLY RESIDING AT CHADAN NAGAR BYE LANE NO.11 BLOCK NO.13 LICHUBARI DIST. JORHAT ASSAM PIN-785008

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Advocate for the Petitioner : MR. P D NAIR

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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JUDGMENT & ORDER (ORAL)

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Date: 03.11.2022

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Heard Mr. G Alam, learned counsel for the petitioners. Also heard Ms. M Barman, learned counsel for the respondent No.1 being the Additional Deputy Commissioner, Jorhat and Mr. J Ahmed, learned counsel for the respondent No.2.

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The respondent No.2 Prodip Dutta had instituted Case No.80RA(J)/2015 before the learned Assam Board of Revenue, Assam Guwahati against the order dated 18.01.2012 of the Additional Deputy Commissioner Jorhat in MC

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No.70/11-12. In the said appeal before the learned Board of Revenue there was also a delay of about 1700 days in preferring the appeal. It is also taken note that the order dated 18.01.2012 of the Additional Deputy Commissioner Jorhat in MC No.70/11-12 was an ex-parte order against the appellant before the Board namely Prodip Dutta. While considering the application for condonation of delay by the order dated 15.10.2020, the learned Board required the appellant Prodip Dutta who is a respondent in the present writ petition to produce certain revenue paying receipts that he is continuing to pay land revenue in respect of the land concerned even after the order dated 18.01.2012 of the Additional Deputy Commissioner, Jorhat.

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When the application for condonation of delay was taken up on 01.12.2020, necessary revenue receipts were placed on record by the appellant respondent Prodip Dutta and accordingly a conclusion was arrived that the appellant respondent Prodip Dutta did not have the knowledge of the order under appeal i.e. the order dated 18.01.2012 of the Additional Deputy Commissioner, Jorhat in MC No.70/11-12. Accordingly, the delay in preferring the appeal was condoned. But along with condoning the delay, by the same order, without providing any reason even the ex-parte order dated 18.01.2012 of the Additional Deputy Commissioner, Jorhat in MC No.70/11-12 was also set aside. This writ petition is instituted against the subsequent part of the order of the learned Board dated 01.12.2020 by which even the order under appeal was set aside without providing for any reason while condoning the delay in preferring the appeal.

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We have perused both the orders i.e. dated 15.10.2020 and the order

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dated 01.12.2020 of the Board in Case No.80RA(J)/2015 and a perusal thereof does not make it discernible that the Board in any manner had considered the appeal of the respondent No.2 Prodip Dutta on its merit and had merely set aside the order under appeal without providing any reason thereof. Accordingly setting aside of the order dated 18.01.2012 of the Additional Deputy Commissioner Jorhat in MC No.70/11-12 by the learned Board in its order dated 01.12.2020 in Case No. No.80RA(J)/2015 is set aside, while retaining the other part of the order by which the delay of 1700 days was condoned. Accordingly the matter stands remanded back to the learned Board of Revenue for an appropriate consideration of the appeal of the respondent appellant Prodip Dutta on its own merit. As considerable time has passed in the meantime, the learned Board is requested to give a final consideration to the appeal preferably within a period of two months on the matter being remanded back.

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Writ petition stands allowed in the term as indicated hereinabove.

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6. The records be transmitted back to the learned Board forthwith.

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Comparing Assistant

Robin Dutta and 3 Ors. v. the Additional Deputy Commissioner and Anr.

Case brief

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Robin Dutta and 3 Ors. v. the Additional Deputy Commissioner and Anr.

Case brief

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