Disposed

Md. Rahen Ali and Anr. v. the State of Assam and 3 Ors.

Gauhati HC3 May 2023WP(C)/1451/2023

Case brief

AI extract

What is this about?

Petitioners challenged delay in demarcation of their land purchased in 2009. Court disposed of the writ and granted liberty to withdraw the pending miscellaneous case to file a fresh application with the Circle Officer, who must decide it within one month under the Assam Right to Public Services Act, 2012.

What did the court decide?

Liberty to withdraw Misc. Case No. 245/2019 and file a fresh application for land demarcation, which the Circle Officer must decide within one month.

Md. Rahen Ali and Anr. Vs the State of Assam and 3… — Writ and Judicial Review | Gauhati HC (2023)

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GAHC010047242023

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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)/1451/2023

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MD. RAHEN ALI AND ANR

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S/O LATE SAKENDAR ALI, VILL-NATUN BAKURPARA, P.S. AND P.O.GOALPARA, DIST-GOALPARA, ASSAM

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2: MD. SUKUR ALI S/O LATE SAKENDAR ALI VILL-NATUN BAKURPARA P.S. AND P.O.-GOALPARA DIST-GOALPARA ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE DIRECTOR OF REVENUE, ASSAM, DISPUR, GUWAHATI-6

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2:THE DEPUTY COMMISSIONER GOALPARA ASSAM

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3:THE SETTLEMENT OFFICER GOALPARA DIST-GOALPARA ASSAM

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4:THE ASST. SETTLEMENT OFFICER BALIJANA REVENUE CIRCLE

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DIST-GOALPARA ASSA

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Advocate for the Petitioner : MR F Z MAZUMDER

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Advocate for the Respondent : SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 03-05-2023

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Heard Mr. FZ Mazumder, learned counsel for the petitioners, who submits that the petitioners’ had purchased a plot of land on 18.11.2009 by a registered sale deed. The application was presented to the Assistant Settlement Officer, Balijana Revenue Circle, Goalpara District. Thereafter, Misc. Case No. 245/2019 was registered. He submits that though the application had been submitted on 27.02.2019, the respondents have not acted upon it till date.

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Ms. G Hazarika, learned counsel appears for the respondent No. 1, while Mr. N Goswami, learned counsel appears for the respondent Nos. 2, 3 & 4. They submit that the petitioners may withdraw the Misc. Case No. 245/2019 and file a fresh application for demarcation of their land, which would be decided by the Circle Officer.

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On the consent of the parties, this writ petition is disposed of, by giving liberty to the petitioners to withdraw Misc. Case No. 245/2019, provided the same has not been finalised or decided by the respondents. Thereafter, the petitioners may file a fresh application for demarcation of their land and the

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concerned Circle Officer would have to take a decision on the same, in terms of the Assam Right to Public Services Act, 2012 and the Office Memorandum dated 27.12.2020 issued by the Revenue & Disaster Management Department to the Government of Assam, within a period of one month from the date of receipt of a certified copy of this order.

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JUDGE

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Comparing Assistant

Md. Rahen Ali and Anr. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Md. Rahen Ali and Anr. v. the State of Assam and 3 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

Coram

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