Disposed

Rekha Bonia v. the State of Assam and 4 Ors.

Gauhati HC20 Jun 2023WP(C)/2084/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition seeking direction to the Circle Officer, Lanka Revenue Circle, to dispose of Mutation Misc Case No 153/2021 pending as of May 2022, directing expeditious disposal with hearing.

What did the court decide?

Writ petition disposed of with direction to Respondent No 3 to dispose Mutation Misc Case No 153/2021 expeditiously after giving hearing to all parties.

Rekha Bonia Vs the State of Assam and 4 Ors. — Gauhati HC (2023) — LawSathi Research

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Page No.# 1/3

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GAHC010056112022

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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)/2084/2022

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REKHA BONIA

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D/O- LATE KRISHNA BONIA, W/O- RANJIT BORDOLOI, R/O- VILLAGE 1 NO. KAKI, 1 NO. GAON, P.O AND P.S- KAKI, DIST- HOJAI, ASSAM, PIN-782442

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, REVENUE AND D.M DEPTT, DISPUR, GUWAHATI 06

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2:THE DEPUTY COMMISSSIONER HOJAI SANKARDEV NAGAR PIN-782442

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3:THE CIRCLE OFFICER

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LANKA REVENUE CIRCLE AT LANKA PIN-782446

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4:KAMALESWARI BONIA W/O- LATE KRISHNA BONIA R/O- VILLAGE 1 NO. KAKI 1 NO. GAON P.O AND P.S- KAKI DIST- HOJAI ASSAM PIN-782442

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5:JADU BONIA S/O- LATE KRISHNA BONIA R/O- VILLAGE 1 NO. KAKI 1 NO. GAON P.O AND P.S- KAKI DIST- HOJAI ASSAM PIN-78244

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Advocate for the Petitioner : MR B PAUL

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Advocate for the Respondent : SC, REVENUE

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 20.06.2023

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Heard Mr. B. Paul, learned counsel for the petitioner and Mr. S. Baruah, learned Government Advocate, Assam for the respondent Nos. 2 and 3. Also heard Ms. D. R. Mahanta, learned counsel for the respondent No. 1. None appears for the respondent Nos. 4 and 5 though by order of the Lawazima Court, dated 07.09.2022, notice upon the respondent Nos. 4 and 5 was served.

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This writ petition has been filed seeking a direction to the respondent No. 3, Circle Officer, Lanka Revenue Circle, to dispose of the Mutation Misc. Case No. 153/2021 under Lanka Revenue Circle filed by the petitioner for mutation of ancestral property.

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It has been stated by the learned counsel for the petitioner that the respondent Nos. 4 and 5 herein are the opposite party Nos. 1 and 2 in the Mutation Misc. Case No. 153/2021.

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By a counter affidavit filed by the respondent No. 3 on 24.05.2022, it has been confirmed that the Mutation Misc. Case No. 153/2021 has not yet been disposed of.

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Since the counter affidavit by the respondent No. 3 was filed on 24.05.2022, on a query made by the Court to the learned counsel for the petitioner whether Mutation Misc. Case No. 153/2021 still remains pending

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Page No.# 3/3

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before the Circle Officer, Lanka Revenue Circle, learned counsel for the petitioner has submitted that Mutation Misc. Case No. 153/2021 has not yet been disposed of by the Circle Officer, Lanka Revenue Circle.

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Since the prayer is only for disposal of Mutation Misc. Case No. 153/2021 by the Circle Officer, Lanka Revenue Circle, this writ petition is disposed of with a direction to the respondent No. 3, the Circle Officer, Lanka Revenue Circle that if the Mutation Misc. Case No. 153/2021 has not yet been disposed of, the same may be disposed of as expeditiously as possible after providing an opportunity of hearing to all the parties to the Mutation Misc. Case No. 153/2021.

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With the above direction, this writ petition is disposed of.

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JUDGE

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Comparing Assistant

Rekha Bonia v. the State of Assam and 4 Ors.

Case brief

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Rekha Bonia v. the State of Assam and 4 Ors.

Case brief

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