Disposed

Safile Das and 3 Ors. v. the State of Assam and 5 Ors.

Gauhati HC4 Aug 2024WP(C)/1235/2024

Case brief

AI extract

What is this about?

Petitioners sought direction to dispose of a land ceiling revision petition pending since 1978 and their representation. Noting the ~46-year delay undermined the statutory remedy, the Court directed respondents to ensure disposal of the proceedings within three months.

What did the court decide?

Direction to respondent Nos.1 & 4 to dispose of the revision proceedings not later than three months from the order date.

Safile Das and 3 Ors. Vs the State of Assam and 5 Ors. — Land Acquisition | Gauhati HC (2024)

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Page No.# 1/6

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GAHC010043192024

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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)/1235/2024

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SAFILE DAS AND 3 ORS W/O- LATE GAUR CHANDRA DAS

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2: TONMAY DAS S/O- LATE GAUR CHANDRA DAS

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3: KRISHNA DAS W/O- LATE NITAI CH. DAS

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4: BASUDEV DAS S/O- LATE NITAI CH. DAS

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ALL ARE R/O VILLAGE GOSSAIGAON WARD NO-1

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P.O- GOSSAIGAON

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DIST- KOKRAJHAR BTC ASSA

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06

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2:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR

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GUWAHATI-06

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Page No.# 2/6

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3:THE DISTRICT COMMISSIONER KOKRAJHAR P.O AND DIST- KOKRAJHAR BTR ASSAM PIN-783360 4:THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM P.O AND DIST- KOKRAJHAR BTC ASSAM PIN-783360 5:THE CIRCLE OFFICER GOSSAIGAON REVENUE CIRCLE P.O AND DIST- KOKRAJHAR BTC ASSAM PIN-783360 6:THE SUB - DIVISIONAL OFFICER (CIVIL) GOSSAIGAON P.O AND DIST- KOKRAJHAR BTC ASSAM PIN-783360 7:SRI AJAY KUMAR DAS S/O- LATE SUDHIR CH. DAS R/O-GOSAIGAON WARD NO.1 KOKRAJHAR ASSSA PIN-783360 8:SRI BIJAY KUMAR DAS S/O LATE SUDHIR CH DAS R/O-GOSAIGAON WARD NO.1 KOKRAJHAR ASSAM PIN-78336

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Page No.# 3/6

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Linked Case : I.A.(Civil)/1303/2024

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AJOY KUMAR DAS AND ANR S/O LATE SUDHIR CH. DAS R/O GOSSAIGAON WARD NO. 1 GOSSAIGAON KOKRAJHAR ASSAM PIN 783360

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2: SHRI BIJOY KUMAR DAS

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S/O LATE SUDHIR CH. DAS R/O GOSSAIGAON WARD NO. 1 GOSSAIGAON KOKRAJHAR ASSAM PIN 783360 VERSUS SAFILE DAS AND 9 ORS S/O- LATE NITAI CH. DAS ALL ARE R/O VILLAGE GOSSAIGAON WARD NO-1 P.O- GOSSAIGAON DIST- KOKRAJHAR BTC ASSAM

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2:TONMAY DAS S/O- LATE GAUR CHANDRA DAS

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3:KRISHNA DAS W/O- LATE NITAI CH. DAS 4:BASUDEV DAS S/O- LATE NITAI CH. DAS

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ALL ARE R/O VILLAGE GOSSAIGAON WARD NO-1

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P.O- GOSSAIGAON DIST- KOKRAJHAR BTC ASSAM

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Page No.# 4/6

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5:THE STATE OF ASSAM

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REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06 6:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06 7:THE DISTRICT COMMISSIONER KOKRAJHAR P.O AND DIST- KOKRAJHAR BTR ASSAM PIN-783360 8:THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM P.O AND DIST- KOKRAJHAR BTC ASSAM PIN-783360 9:THE CIRCLE OFFICER GOSSAIGAON REVENUE CIRCLE P.O AND DIST- KOKRAJHAR BTC ASSAM PIN-783360 10:THE SUB - DIVISIONAL OFFICER (CIVIL) GOSSAIGAON P.O AND DIST- KOKRAJHAR BTC ASSAM PIN-783360 ------------

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Page No.# 5/6

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For the petitioner (s) : Mr. M. Khan, Advocate

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For the respondent (s) : Mr. P. Nayak, Advocate Ms. N. Bordoloi, Advocate Mr. H. Sarma, Advocate

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BEFORE

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HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R

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05.08.2024

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Heard Mr. M. Khan, the learned counsel appearing on behalf of the petitioners and Ms. N. Bordoloi, the learned counsel appearing on behalf of the respondent Nos.1 & 2. Mr. H. Sarma, the learned counsel appears on behalf of the respondent Nos.3, 5 & 6 as well as Mr. P. Nayak, the learned counsel appears on behalf of the respondent No.4.

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The instant writ petition has been filed by the petitioners being aggrieved by the delay caused in disposal of the revision petition bearing Revision Petition No.113/1978 pending before the Government as well as the representation dated 27.09.2023. It is under such circumstances the instant writ petition has been filed seeking a direction upon the concerned respondent authorities to dispose of the said revision petition as well as the representation within a timeframe.

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Mr. P. Nayak, the learned counsel appearing on behalf of the respondent No.4 submitted that the Ceiling Case No.KRC-75/1975-76 has been submitted to the PPS to the Chief Minister of Assam with a prayer for disposal of the said Ceiling Case. It is also seen that for the instructions which is dated 06.04.2024, 3(three) months time was sought for completion of the hearing process. It has been submitted that the counsel for the BTC is unaware as to whether the hearing process has been completed or not.

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Page No.# 6/6

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This Court duly takes note of that revision proceedings have been initiated by the petitioners in terms with the provisions of the Assam Fixation of Land Ceiling Act, 1956. The authority concerned is required to dispose of the said proceedings at the earliest. However, in the instant case, it is seen that the revision petition was filed as far back as in the year 1978. Almost 46 years have passed by and the revision petition is yet to be disposed of. It is the opinion of this Court that such delay in disposal of a proceeding provided under the statute affects the effectiveness as well as the efficaciousness of a remedy available under the statutes.

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Under such circumstances, this Court therefore disposes of the instant with petition thereby directing the respondent Nos.1 & 4 to take appropriate steps so that the said revision proceedings are disposed of as early as possible and not later than 3(three) months from the date of the instant order.

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The counsel appearing on behalf of the petitioners is directed to serve a certified copy of the instant order upon Mr. P. Nayak, the learned counsel representing the respondent No.4 and Ms. N. Bordoloi, the learned counsel representing the respondent No.1 so that the direction so passed in the instant order is duly complied with.

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JUDGE

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Comparing Assistant

Safile Das and 3 Ors. v. the State of Assam and 5 Ors.

Case brief

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Safile Das and 3 Ors. v. the State of Assam and 5 Ors.

Case brief

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