Dismissed¶¶23

Smti Damayanti Saikia Baruah v. the State of Assam

Gauhati HC19 Jun 2025WP(C)/3441/2025

Case brief

AI extract

What is this about?

Gauhati High Court WP(C)/3441/2025 (decided 20.06.2025, Justice Sanjay Kumar Medhi): issuance of patta by Circle Officer, Najira/Nazira Revenue Circle in favour of private respondent Rubul Hazarika during pendency of Title Suit No. 12/2022 (Civil Judge (JD), Charaideo); alternative-remedy direction — Article 226 writ petition dismissed with liberty to file injunction application before the civil court; application to be considered strictly in accordance with law; advocates: HP Guwala/A Boro for petitioner; BJ Talukdar (Addl. Senior Govt. Advocate) and PR Mahanta (Standing Counsel, Revenue) for respondents.

What did the court decide?

Liberty granted to the petitioner to approach the Civil Court; if such an application (for injunction) is filed there, it is to be considered strictly in accordance with law. ¶¶23

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

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GAHC010127552025

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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)/3441/2025

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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, GHY-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 RUBUL HAZARIKA SON OF LATE SURENDRA NATH HAZARIKA RESIDENT OF TEKELA GAON TITABOR JORHAT

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ASSA

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

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

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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. 12/2022 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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