Petitioner challenged a land settlement order and raised further fact-based allegations. Noting the settlement order was already under challenge in a pending writ petition and the remaining allegations required adjudication of disputed facts, the court permitted withdrawal without prejudice.
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GAHC010017152015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3973/2015
TAPAN KUMAR DAS
S/O LT. JOGESH CH. DAS A RESIDENT OF ASTHA APARTMENTS, SURVEY, BELTOLA ROAD, GUWAHATI-28.
VERSUS
THE STATE OF ASSAM AND 9 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF REVENUE, DISPUR, GUWAHATI- 781006.
2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM REVENUE REFORMS and D.M. DEPARTMENT ASSAM SECRETARIAT CIVIL DISPUR
GUWAHATI- 781006.
3:THE DEPUTY COMMISSIONER
KAMRUP METROPOLITAN DISTRICT GUWAHATI- 781001.
4:THE ADDITIONAL DEPUTY COMMISSIONER KAMRUP METROPOLITAN DISTRICT LAND REFORMS BRANCH GUWAHATI- 781001.
5:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE BELTOLA GUWAHATI- 781028.
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DEPARTMENT OF HOME DISPUR GUWAHATI - 781006.
7:THE COMMISSIONER OF POLICE POLICE COMMISSIONERATE KAMRUP METRO GUWAHATI- 78 1001. 8:THE OFFICER IN-CHARGE BASISTHA POLICE STATION BASISTHA GUWAHATI- 781028. 9:SRI BAKUL DAS S/O LT. DEBIRAM DAS R/O MILONPUR BASISTHA PATH BELTOLA GUWAHATI - 781028
Advocate for the Petitioner : MR.R ISLAM
Advocate for the Respondent :
BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH
O R D E R
08.01.2024.
Mr. R. De, learned counsel appearing on behalf of the petitioner submits against the settlement order granted in favour of the respondent Nos.9 & 10, the petitioner had already challenged the said settlement order before the Assam Board of Revenue, which was however dismissed for which the petitioner had already filed a Writ Petition being WP(C) No.6412/2023. The said Writ Petition is pending.
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(2) The learned counsel for the petitioner further submits that as regards the other allegations which have been mentioned in the Writ Petition, the same would require entering into disputed questions of facts which can be adjudicated by a forum where disputed facts can be adjudicated. He therefore submits that he may be permitted to withdraw the Writ Petition without prejudice to his rights in WP(C) No.6412/2023 and also permitted to approach the appropriate forum in that regard.
(3) Taking into account the above submission, this Court closes the instant Writ Petition on withdrawal. However, withdrawal of the instant Writ Petition shall not in any manner prejudice the petitioner’s rights in WP(C) No.6412/2023, as well as also debar the petitioner from approaching the appropriate Forum where the facts can be adjudicated.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition challenging a settlement order and raising fact-based allegations should proceed or be permitted to be withdrawn?
Tapan Kumar Das
The State of Assam
The Deputy Secretary to the Govt. of Assam, Revenue Reforms and D.M. Department
The Deputy Commissioner, Kamrup Metropolitan District
The Additional Deputy Commissioner, Kamrup Metropolitan District
The Circle Officer, Dispur Revenue Circle, Beltola
Devashis Baruah
As recorded by the court registry
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