Disposed

Biraj Mohan Das v. the State of Assam and 5 Ors.

Gauhati HC15 Mar 2023WP(C)/1339/2023

Case brief

AI extract

What is this about?

This writ petition challenges the failure to demarcate a co-owned land plot. The Court directed the petitioner to file a fresh representation under the Assam Right to Public Service Act, 2012, and Office Memorandum dated 21.12.2020 for the Circle Officer to pass a reasoned order after hearing affected parties.

What did the court decide?

Petitioner-directed to file fresh representation to Circle Officer within 15 days for demarcation under Assam Right to Public Service Act, 2012.

Biraj Mohan Das Vs the State of Assam and 5 Ors. — Property and Title | Gauhati HC (2023)

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GAHC010046602023

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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)/1339/2023

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BIRAJ MOHAN DAS

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S/O LATE UMA DAS, VILL-AZARA (BHARALIPARA), P.O.-AZARA, P.S.AZARA, DIST-KAMRUP (M), ASSAM, PIN-781017

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI781006

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2:THE DEPUTY COMMISSIONER KAMRUP (M) LICHUBAGAN HENGERABARI DIST-KAMRUP ASSAM PIN-781036

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3:THE COMMISSIONER OF POLICE PANBAZAR DIST-KAMRUP (M) ASSAM PIN-781001

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4:THE SUB DIVISIONAL OFFICER AZARA SUB DIVISION AZARA DIST-KAMRUP (M) PIN-781017

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5:THE CIRCLE OFFICER

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AZARA REVENUE CIRCLE AZARA DIST-KAMRUP ASSAM PIN-781017 6:THE OFFICER-IN-CHARGE AZARA POLICE STATION DIST-KAMRUP (M) ASSAM PIN-78101

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Advocate for the Petitioner : MR. M BHAGABATI

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Advocate for the Respondent : SC, REVENUE

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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15.03.2023

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Heard Shri M. Bhagabati, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue Department whereas Shri S. Baruah, learned State Counsel has appeared for the other respondents.

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Considering the nature of the grievance and the settled position in this regard, this writ petition is taken up for disposal at the motion stage.

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The petitioner and his elder brother namely Shri Kamal Prasad Das claim to own a plot of land ad-measuring 1 katha 11 lessa which is a part of a bigger plot of land measuring 2 Bigha 1 Katha 1 lessa where there are 5 other co-owners. The petitioner is aggrieved by the fact that their land has not been demarcated as a result of which they have to face hardships as and when they want to do anything on the said plot of land. In this regard, Shri Bhagabati, the learned counsel for the petitioner has drawn the attention of this Court to the notice issued on 24.04.2018 for demarcation which however did not yield in any results. The learned counsel further submits that

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subsequently also representations have been filed including a latest one on 07.01.2022.

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The grievances of the petitioner can very well be redressed by taking recourse to the Assam Right to Public Service Act, 2012 and the Office Memorandum dated 21.12.2020 issued in that regard. In fact this Court in a batch of writ petitions including WP(C)/1743/2022 has disposed of such writ petitions by directing the petitioners to take recourse of the aforesaid Act of 2012 and the Office Memorandum dated 21.12.2020.

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In that view of the matter, the Circle Officer Azara Revenue Circle may take up the issue regarding demarcation of the plot of land of the petitioner by taking into consideration the representations filed by the petitioner, however, to facilitate such exercise, the petitioner is directed to file a fresh representation along with a copy of the order and all other relevant documents to the said Officer within a period of 15 days from today.

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On receipt of the same, the Circle Officer Azara Revenue Circle shall pass a reasoned order which however has to be done after giving notice and hearing the other affected parties.

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Writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Biraj Mohan Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Biraj Mohan Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

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