Hon'ble Mr. Justice Soumitra Saikia dismissed this writ petition as infructuous following earlier court orders that altered the punishment, thereby rendering the challenge obsolescent.
Writ petition and pending interlocutory application dismissed as infructuous; interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010212562021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/422/2022
CHANDRA PRAKASH SHILL
S/O- LATE SUKDEV SHILL, R/O- VILLAGE- BHAGALPUR, P.O- TANTOO, DIST- HAILAKANDI, ASSAM, PIN-788161
VERSUS
THE STATE OF ASSAM AND 11 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT (LR) DEPARTMENT, DISPUR, GUWAHATI-781006
2:THE DIRECTOR OF LAND RECORDS AND SURVEY ASSAM RUPNAGAR GUWAHATI-32 DIST- KAMRUP (M) ASSAM 3:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM BUDGET DEPARTMENT DISPUR GUWAHATI-781006 4:THE DEPUTY COMMISSIONER HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163
5:THE CIRCLE OFFICER LALA REVENUE CIRCLE
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HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 6:THE SUB- DIVISIONAL OFFICER(S) HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 7:THE SETTLEMENT OFFICER HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 8:THE ASSISTANT SETTLEMENT OFFICER HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 9:THE ASSISTANT SETTLEMENT OFFICER LALA HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 10:THE TREASURY OFFICER HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 11:G.D TRIPATHI DIRECTOR OF LAND RECORDS AND SURVEY ASSAM RUPNAGAR GUWAHATI-32 DIST- KAMRUP (M) ASSAM 12:AJAY SINGH KHORKONGHOR REGISTRAR OF LAND RECORDS AND SURVEY ASSAM RUPNAGAR GUWAHATI-32
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DIST- KAMRUP (M) ASSA
Advocate for the Petitioner : MR. P K ROYCHOUDHURY
Advocate for the Respondent : GA, ASSAM
Linked Case : I.A.(Civil)/2352/2022
GYANENDRA DEV TRIPATHI DIRECTOR OF LAND RECORDS AND SURVEY ASSAM RUPNAGAR GUWAHATI-32 DIST- KAMRUP (M) ASSAM VERSUS CHANDRA PRAKASH SHILL AND 11 ORS S/O- LATE SUKDEV SHILL R/O- VILLAGE- BHAGALPUR P.O- TANTOO DIST- HAILAKANDI ASSAM PIN-788161
2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (LR) DEPARTMENT DISPUR GUWAHATI-781006 3:THE DIRECTOR OF LAND RECORDS AND SURVEY ASSAM RUPNAGAR GUWAHATI-32 DIST- KAMRUP (M) ASSAM 4:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM BUDGET DEPARTMENT
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DISPUR GUWAHATI-781006 5:THE DEPUTY COMMISSIONER HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 6:THE CIRCLE OFFICER LALA REVENUE CIRCLE HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 7:THE SUB- DIVISIONAL OFFICER(S) HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 8:THE SETTLEMENT OFFICER HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163. 9:THE ASSISTANT SETTLEMENT OFFICER HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 10:THE ASSISTANT SETTLEMENT OFFICER LALA HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 11:THE TREASURY OFFICER HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788163 12:AJAY SINGH KHORKONGHOR REGISTRAR OF LAND RECORDS AND SURVEY
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ASSAM RUPNAGAR GUWAHATI-32 DIST- KAMRUP (M) ASSAM
-----------Advocate for : MR. D SAIKIA Advocate for : MR. P K ROYCHOUDHURY appearing for CHANDRA PRAKASH SHILL AND 11 ORS
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 06/11/2023
Mr. J. K. Goswami, learned Additional Senior Government Advocate appears for respondent Nos. 4, 5, 6, 7, 8 and 9; Mr. J. Handique, learned standing counsel for respondent Nos. 1, 2, 11 and 12 and Mr. B. Gogoi, learned counsel for respondent No.10.
It is submitted by Mr. P.K. Roychoudhury, learned counsel for the petitioner that this writ petition along with the Interlocutory Application has become infructuous and therefore, the writ petition stands dismissed.
Interim order, if any stands vacated.
Pending Interlocutory Application is also dismissed.
It is submitted that pursuant to the orders passed by this Court dated 11.08.2022 passed in this writ petition, the earlier order of punishment has been altered, which is under challenged by way of a fresh writ petition.
JUDGE
Comparing Assistant
Chandra Prakash Shill
The State of Assam and 11 Ors
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
