The High Court disposed of a writ petition concerning a land mutation dispute by directing the Joint Secretary, Bodoland Territorial Council, to decide a pending miscellaneous case on merits within two months, ensuring natural justice.
Direction issued to Joint Secretary, BTC to dispose of Misc. Case no.21/2018-19 within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010054562024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1869/2024
KULEN PATHAK S/O- LATE UDHAB PATHAK, R/O- BIJNI TOWN, WARD NO-3, P.O AND P.S- BIJNI, DIST- CHIRANG, ASSAM, PIN-783390
VERSUS
THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF LAND AND REVENUE, ASSAM DISPUR, GUWAHATI, ASSAM, PIN-781006
2:THE PRINCIPAL SECRETARY THE BODOLAND TERRITORIAL COUNCIL (BTC) BODOFA NAGAR
BTC P.O AND P.S- KOKRAJHAR DIST- KOKRAJHAR ASSAM 783370 3:THE BODOLAND TERRITORIAL COUNCIL (BTC) REP. BY THE JOINT SECRETARY BODOLAND TERRITORIAL COUNCIL BODOFA NAGAR DIST- KOKRAJHAR ASSAM 783370
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4:THE SECRETARY
REVENUE
BODOLAND TERRITORIAL COUNCIL BODOFA NAGAR
DIST- KOKRAJHAR ASSAM 783370
5:THE JOINT SECRETARY BODOLAND TERRITORIAL COUNCIL BODOFA NAGAR DIST- KOKRAJHAR ASSAM 78337
Advocate for the Petitioner : MR P J DUTTA
Advocate for the Respondent : SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 04-04-2024
Heard Mr. BP Borah, learned counsel for the petitioner as well as Mr. S. Borah, learned standing counsel for the BTC as well as Ms. G. Hazarika, learned standing counsel for the Revenue Department.
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against the said order, the petitioner projects that he had moved the Joint Secretary, BTC (respondent no.3). Although observations were made in favour of the petitioner, but relief was not granted on the ground that the application was barred by limitation. Against the said order, a review application registered as Misc. Case no.21/2018-19 has been filed. As the respondent no.3 has not disposed of the said application, the present writ petition has been filed under Article 226 of the Constitution of India.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the mutation in favour of a third party is liable to be set aside or corrected?
Whether the review petition against the mutation order, dismissed on limitation, requires reconsideration?
1 provisions across 1 enactments
Kulen Pathak
The State of Assam
The Principal Secretary The Bodoland Territorial Council
The Bodoland Territorial Council
The Secretary Revenue Bodoland Territorial Council
The Joint Secretary Bodoland Territorial Council
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
