Disposed

Anowaruj Jaman v. the State of Assam and 12 Ors.

Gauhati HC5 Sept 2024WP(C)/4460/2024

Case brief

AI extract

What is this about?

Writ petition over the Circle Officer's inaction in including co-sharer names in a pending land case. The Court noted an alternative remedy before the District Commissioner; counsel withdrew the petition, which was closed with liberty to seek expeditious disposal by the Circle Officer.

What did the court decide?

Petition withdrawn and closed; liberty to approach Circle Officer for timely disposal, else District Commissioner Dhubri.

Anowaruj Jaman Vs the State of Assam and 12 Ors. — Property and Title | Gauhati HC (2024)

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GAHC010177022024

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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)/4460/2024

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ANOWARUJ JAMAN

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S/O- LT. MAHABBAT ALI SARKAR @ MOSMUD ALI SHEIKH VILLSOULMARI, P.O.- BARKANDA, P.S. BILASIPARA, DIST- DHUBRI, ASSAM, PIN- 783348

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VERSUS

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THE STATE OF ASSAM AND 12 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI-06

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2:THE DEPUTY COMMISSIONER DHUBRI ASSAM P.O. AND P.S. AND DIST.- DHUBRI ASSAM PIN- 783301

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3:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE P.O. BILASIPARA P.S. BILASIPARA DIST.- DHUBRI ASSAM PIN- 783348

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4:PIARUDDIN AHMED S/O- LT. MAHABBAT ALI SARKAR @ MOSMUT ALI SHEIKH VILL- SOULMARI P.O. BARKANDA P.S. BILASIPARA

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DIST- DHUBRI ASSAM PIN- 783348 5:JIARUDDIN PRODHANI S/O- LT. MAHABBAT ALI SARKAR @ MOSMUT ALI SHEIKH VILL- SOULMARI P.O. BARKANDA P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 783348 6:MOFIDUR RAHMAN S/O- LT. MAHABBAT ALI SARKAR @ MOSMUT ALI SHEIKH VILL- SOULMARI P.O. BARKANDA P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 783348 7:SAHIDUR RAHMAN S/O- LT. MAHABBAT ALI SARKAR @ MOSMUT ALI SHEIKH VILL- SOULMARI P.O. BARKANDA P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 783348 8:SAIYADUR RAHMAN S/O- LT. MAHABBAT ALI SARKAR @ MOSMUT ALI SHEIKH VILL- SOULMARI P.O. BARKANDA P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 783348 9:NURAN BIBI D/O- LT. MAHABBAT ALI SARKAR @ MOSMUT ALI SHEIKH VILL- SOULMARI P.O. BARKANDA P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 783348

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10:MEHMUNA BIBI @ MAHMUDA BIBI D/O- LT. MAHABBAT ALI SARKAR @ MOSMUT ALI SHEIKH VILL- SOULMARI P.O. BARKANDA P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 783348 11:MORJINA BIBI D/O- LT. MAHABBAT ALI SARKAR @ MOSMUT ALI SHEIKH VILL- SOULMARI P.O. BARKANDA P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 783348 12:BULI PRODHANI D/O- LT. MAHABBAT ALI SARKAR @ MOSMUT ALI SHEIKH VILL- SOULMARI P.O. BARKANDA P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 783348 13:HASINA BIBI D/O- LT. MAHABBAT ALI SARKAR @ MOSMUT ALI SHEIKH VILL- SOULMARI P.O. BARKANDA P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 78334

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Advocate for the petitioner(s): Mr. M Hussain Advocate for the respondent(s): Ms. G Hazarika For Revenue Department, Ms. S Sharma

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Government Advocate, Assam

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B E F O R E

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HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER

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06.09.2024

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Heard Mr. M Hussain, the learned counsel appearing on behalf of the petitioner. Ms. G Hazarika, the learned counsel appears on behalf of the respondent No.1 and Ms. S Sharma, the learned counsel appears on behalf of the respondent Nos.2 and 3 respectively.

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The petitioner herein is aggrieved by the inaction on the part of the Circle Officer, Bilasipara Revenue Circle in not including the names of the petitioner as well as the private respondent Nos.9 to 13 as co-sharers in respect to the various plots of land which is the subject matter of Case No.BPC/MISC/23/2024.

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It is seen from the materials on record that the Circle Officer, Bilasipara Revenue Circle had duly issued notice in Case No.BPC/MISC/23/2024 and the last of the dates fixed was on 19.06.2024. The learned counsel appearing on behalf of the petitioner submitted that none of the legal heirs of Late Mosmut Ali Sheikh had objected to the inclusion of the names of the petitioner, as well as the respondent Nos.9-13. However, the Circle Officer had not passed such order(s) and being aggrieved, the instant writ petition has been filed.

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This Court is of the opinion that the petitioner in the instant case has an alternative and efficacious remedy to approach the District Commissioner, Dhubri, in the circumstance, the Circle Officer does not perform his duties as

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mandated under the law.

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Mr. M Hussain, the learned counsel appearing on behalf of the petitioner, accordingly, submits that he would not like press the instant writ petition, rather he would again approach the Circle Officer, Bilasipara Revenue Circle and in the event, no order is passed within a particular time frame, the petitioner would approach the concerned District Commissioner.

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Taking into account the above, the instant writ petition stands closed on withdrawal.

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This Court grants the liberty to the petitioner to approach the Circle Officer, Bilasipara Revenue Circle for an expeditious disposal of the Case No.BPC/MISC/23/2024. It is, however, observed that if the petitioner approaches the Circle Officer, Bilasipara Revenue Cirlce, the said Officer shall duly consider the same and dispose of the said Case No.BPC/MISC/23/2024 within a time frame. It is also observed that in the circumstance, the same is not done, the petitioner would be at liberty to approach the District Commissioner, Dhubri.

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JUDGE

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Comparing Assistant

Anowaruj Jaman v. the State of Assam and 12 Ors.

Case brief

What is this about?

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Anowaruj Jaman v. the State of Assam and 12 Ors.

Case brief

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