Disposed

Bhabananda Dutta and Anr. v. the State of Assam and 2 Ors.

Gauhati HC22 Mar 2023WP(C)/1609/2023

Case brief

AI extract

What is this about?

Writ petition regarding failure to demarcate inherited land. Court directed Circle Officer, Guwahati to consider petitioner's representation, issue notices, allow hearings, and complete demarcation within four months under Assam Right to Public Service Act.

What did the court decide?

Direction to Circle Officer, Guwahati to consider representation dated 08.09.2022, issue notices, afford hearing opportunities, and complete land demarcation within four months.

Bhabananda Dutta and Anr. Vs the State of Assam and 2 Ors. — Land Acquisition | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010057612023

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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)/1609/2023

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BHABANANDA DUTTA AND ANR.

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S/O- LATE ABHAY CHANDRA DUTTA, R/O- DHARAMTALA, BARPETA781326, ASSAM

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2: SAMIN DUTTA S/O- LATE PRAMOD DUTTA R/O- DHARAMTALA BARPETA- 781326 ASSA

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VERSUS

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THE STATE OF ASSAM AND 2 ORS. REP. BY THE SECRETARY TO THE DEPTT. OF REVENUE, CAPITAL COMPLEX, DISPUR, GUWAHATI- 781006

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2:THE DEPUTY COMMISSIONER KAMRUP (M) GOVERNMENT OF ASSAM HENGARABARI GUWAHATI- 781006

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3:THE CIRCLE OFFICER GUWAHATI CIRCLE GOVERNMENT OF ASSAM ULUBARI GUWAHATI- 78100

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Advocate for the Petitioner : MR. S KALITA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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22.03.2023

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Heard Shri P. Das, learned counsel for the petitioners. Also heard Shri B. Deuri, learned State Counsel as well as Ms. G. Hazarika, learned Standing Counsel, Revenue Department.

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Considering the subject matter of this writ petition and as agreed to by the parties, the same is taken up for disposal at the motion stage itself.

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The petitioners who are two in numbers claim to be the owners in possession of a plot of a land measuring 4 Bigha 4 katha 7.4 lechas covered by various Dag Nos. under Special Patta No. 1/27/4 at Paschim Jalukbari, Guwahati. The petitioners’ grievance is that in spite of an application which has been submitted to identify and demarcate the land, nothing has been done. The learned counsel has submitted that the land has devolved upon the petitioners by right of inheritance and their names are also mutated and the application filed before the Circle Officer, Guwahati is dated 08.09.2022.

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The issue of demarcation can be redressed by taking into account the provisions of the Assam Right to Public Service Act, 2012 under which an Office Memorandum dated 21.12.2020 has also been issued. The said O.M. lays down a detailed procedure for demarcation.

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Under the aforesaid facts and circumstances, the instant writ petition is disposed of by directing the Circle Officer, Guwahati to consider the representation dated 08.09.2022 filed by the petitioners and take appropriate action for demarcation of the land in question.

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The said authorities is also required to carry on the said exercise by issuing

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notice to the affected parties and giving all the affected parties an opportunity of hearing.

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The exercise as indicated above be carried out expeditiously and preferably within a period of 4 (four) months from the date of receipt of certified copy of this order.

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The petitioners are directed to submit all further documents in support of the representation.

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JUDGE

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Comparing Assistant

Bhabananda Dutta and Anr. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Bhabananda Dutta and Anr. v. the State of Assam and 2 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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