Disposed

Ephi Arifa Azim and Anr. v. the State of Assam and 3 Ors.

Gauhati HC3 Mar 2023WP(C)/943/2023

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed the writ petition in limine, directing the respondent authorities to treat the petitioners' application under the Assam Right to Public Services Act, 2012, and dispose of it within three months following the relevant Office Memorandum.

What did the court decide?

Writ petition disposed of by directing respondents to treat the dated application under the Assam Right to Public Services Act, 2012 and decide it within three months.

Ephi Arifa Azim and Anr. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010032432023

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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)/943/2023

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EPHI ARIFA AZIM AND ANR D/O- LT. AJIMUDDIN AHMED, R/O- H.NO. 13, T.R. PHUKAN ROAD, BHARALUMUKH, P.O. AND P.S. BHARALUMUKH, GHY-09, DIST.- KAMRUP (M), ASSAM

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2: ALFARIDA BORAH D/O- LT. AJIMUDDIN AHMED R/O- H.NO. 13 T.R. PHUKAN ROAD BHARALUMUKH P.O. AND P.S. BHARALUMUKH GHY-09 DIST.- KAMRUP (M) ASSA

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF REVENUE AND DISASTER MANAGEMENT, DISPUR, GHY-6, KAMRUP (M), ASSAM

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2:THE DIRECTOR LAND RECORDS AND SURVEYS ETC. ASSAM RAJBHAWAN ROOPNAGAR GHY-32 DIST.- KAMRUP (M) ASSAM

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3:THE DY. COMMISSIONER KAMRUP (M) GHY-01 DIST.- KAMRUP (M)

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Page No.# 2/3

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ASSAM

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4:THE CIRCLE OFFICER AZARA REVENUE CIRCLE AZARA P.O. AND P.S. AZARA GUWAHATI DIST.- KAMRUP (M) ASSA

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Advocate for the Petitioner : MR. B J GHOSH

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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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03.03.2023

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Heard Shri BJ Ghosh, learned counsel for the petitioners. Also heard Ms. M. Barman, learned State Counsel whereas Ms. G. Hazarika, learned Standing Counsel, Revenue Department is also present.

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The grievance of the petitioners is inaction of the respondent authorities, more particularly, the respondent no. 4 i.e. the Circle Officer, Azara Revenue Circle for demarcating the plot of land of the petitioners which he had applied vide an application dated 12.10.2022. It is the case of the petitioners that they are absolute owners of the following plot of land measuring:

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i. 1 Bigha 4 Kathas 1 Lecha of Dag No. 144,

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ii. 1 Bigha 15 Lechas of Dag No. 146 and

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iii. 1 Bigha 3 Kathas 18 Lechas of Dag No. 147

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All are under Patta No. 69 of Revenue Village Gog Gaon, Mouza – Ramcharani under Revenue Circle Azara in the district of Kamrup (M), Assam.

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Page No.# 3/3

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Ms. M. Barman, learned State Counsel as well as Ms. G. Hazarika, learned Standing Counsel, Revenue Department submit that the grievance of the present nature are to be redressed by taking into recourse the Assam Right to Public Services Act, 2012 (hereinafter called the Act) under which the Office Memorandum dated 21.12.2020 has also been published. The Office Memorandum also lays down the procedure for availing the remedy under the Act.

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Shri Ghosh, learned counsel for the petitioners has fairly conceded that an opportunity may be granted to the petitioners to avail the remedy under the Act and the Office Memorandum in question.

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In view of the aforesaid facts and circumstances, this Court is of the view that no fruitful purpose would be served by keeping this writ petition pending.

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Accordingly, the writ petition stands disposed of by directing the respondent authorities to treat the application dated 12.10.2022 as an application under the Assam Right to Public Services Act, 2012 and by following the guidelines of the Office Memorandum dated 21.12.2020 consider and dispose of the same strictly in accordance with law. Such consideration and disposal be made expeditiously preferably within a period of 3(three) months from the date of receipt of a certified copy of this order.

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JUDGE

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Comparing Assistant

Ephi Arifa Azim and Anr. v. the State of Assam and 3 Ors.

Case brief

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Ephi Arifa Azim and Anr. v. the State of Assam and 3 Ors.

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