Dismissed¶23

Smti Damayanti Saikia Baruah v. the State of Assam

Gauhati HC19 Jun 2025WP(C)/3440/2025

Case brief

AI extract

What is this about?

WP(C)/3440/2025; Gauhati High Court; decision 20.06.2025; Sanjay Kumar Medhi, J.; Article 226 Constitution of India; alternative remedy/civil forum; writ petition dismissed with liberty; patta issued by Circle Officer Najira Revenue Circle dated 26.06.2024 during pendency of Title Suit No. 11/2022; injunction application before Civil Judge (JD), Charaideo; maintainability of writ petition where civil suit pending.

What did the court decide?

Liberty to approach the Civil Court. ¶23

Smti Damayanti Saikia Baruah Vs the State of Assam — Writ and Judicial Review | Gauhati HC (2025)

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GAHC010127562025

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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)/3440/2025

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SMTI DAMAYANTI SAIKIA BARUAH WIFE OF SRI BHASKAR BARUAH, RESIDENT OF CHALIHA ROAD, AMOLAPATY, SIVASAGAR, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY GOVT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM

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2:THE DISTRICT COMMISSIONER CHARAIDEO ASSAM

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3:THE CIRCLE OFFICER NAZIRA REVENUE CIRCLE NAZIRA SIVASAGAR ASSAM

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4:THE ASSISTANT SETTELEMENT OFFICER NAZIRA REVENUE CIRCLE SIVASAGAR ASSAM

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5:SRI PRANJAL PARASH HAZARIKA SON OF LATE SURENDRA NATH HAZARIKA TEKELA GAON

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TITABOR JORHAT ASSA

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Advocate for the Petitioner : MR H P GUWALA, MR. A BORO

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Advocate for the Respondent : SC, REVENUE, GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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20.06.2025

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Heard Shri HP Guwala, learned counsel for the petitioner. Also heard Shri BJ Talukdar, learned Additional Senior Government Advocate and Ms. PR Mahanta, learned Standing Counsel, Revenue Department.

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The fact projected by the petitioner is that the respondent no. 5 had instituted a Title Suit No. 11/2022 against the petitioner and other defendants in the Court of learned Civil Judge (Junior Division), Charaideo for declaration right, interest and possession. It is the case of the petitioner that the Circle Officer, Najira Revenue Circle is a defendant in the Suit who had also submitted the written statement. However, during the pendency of the Suit, the said Circle Officer has issued a patta in favour of the private respondent on 26.06.2024.

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While it may not be disputed that the right of the present petitioner has been adversely affected by such action, this Court is of the opinion that instead of approaching this Court under Article 226 of the Constitution of India, the petitioner may file an application for injunction before the same Court where the title suit is pending.

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The writ petition is accordingly dismissed with liberty to approach the Civil Court. If such an application is filed, the same be considered strictly in

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accordance with law.

JUDGE

Comparing Assistant

Smti Damayanti Saikia Baruah v. the State of Assam

Case brief

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Smti Damayanti Saikia Baruah v. the State of Assam

Case brief

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Coram

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