Petitioner challenged Jamabandi entries regarding land without proving Power of Attorney or impleading deleted persons, leading to dismissal due to lack of procedural grounds for discretion.
Writ petition dismissed as petitioner failed to substantiate claim and implead necessary parties.
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GAHC010064602023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1854/2023
JAHANGIR HUSSAIN S/O- LT. HAZI TAIMUZ ALI LASKAR, RESIDENT OF VILLAGE- MADHURBOND, P.S.- SILCHAR, DISTRICT- CACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI-6. 2:ASSISTANT SETTLEMENT OFFICER DISTRICT- CACHAR ASSAM
Advocate for the Petitioner : MR. J LASKAR
Advocate for the Respondent : SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
03.04.2023
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Jamabandi. He submits that the names of the ten persons should be deleted and in this regard, the petitioner has submitted two representations dated 16.06.2021 and 19.07.2021 to the Assistant Settlement Officer, Cachar, Silchar. However, no steps have been taken by the Assistant Settlement Officer, Cachar, Silchar till date on the petitioner’s representations.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the writ petition maintains maintainability given the absence of Power of Attorney and non-joinder of respondents whose names are sought to be deleted from the Jamabandi.
Whether the Court can exercise discretion to condone the procedural defects in the petition.
What is the final order on the writ petition filed for deletion of names from the Jamabandi records.
JAHANGIR HUSSAIN
THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, LAND AND REVENUE DEPARTMENT
ASSISTANT SETTLEMENT OFFICER DISTRICT- CACHAR ASSAM
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
