Chenimai Baruah Vs the State of Assam and 8 Ors.

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GAHC010258272025

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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)/6770/2025

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CHENIMAI BARUAH

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WIFE OF LATE ISHWAR PRASANNA BARUAH, RESIDENT OF VILLAGE BOICHA GAON, NORTH LAHIMPUR, P.O.- MAIDAMNIA, PS- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM, PIN- 787001

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VERSUS

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THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND D.M. (LA AND A) DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE DIRECTOR OF LAND RECORDS ASSAM RUPNAGAR GUWAHATI-37 3:THE DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR DIST.- LAKHIMPUR (ASSAM) PIN- 787001

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4:THE ADDL. DISTRICT COMMISSIONER (REVENUE) LAKHIMPUR NORTH LAKHIMPUR DIIST.- LAKHIMPUR (ASSAM) PIN- 787001

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5:THE CIRCLE OFFICER NORTH LAKHIMPUR REVENUE CIRCLE NORTH LAKHIMPUR DIIST.- LAKHIMPUR (ASSAM) PIN- 787001

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6:THE OFFICER IN CHARGE NORTH LAKHIMPUR POLICE STATION NORTH LAKHIMPUR DIST.- LAKHIMPUR ASSAM PIN- 787001

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7:SRI BAJRANG LAL TAPORIA S/O- LATE GOPI KRISHNA TAPORIA C/O- THE CIRCLE OFFICER NORTH LAKHIMPUR REVENUE CIRCLE NORTH LAKHIMPUR DIST.- LAKHIMPUR (ASSAM) PIN- 787001

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8:SRI PRAHLAD RAM TAPORIA S/O- LATE GOPI KISHAN TAPORIA C/O- THE CIRCLE OFFICER NORTH LAKHIMPUR REVENUE CIRCLE NORTH LAKHIMPUR DIIST.- LAKHIMPUR (ASSAM) PIN- 787001

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9:SRI GAURI SHANKAR TAPORIA S/O- LATE GOPI KISHAN TAPORIA C/O- THE CIRCLE OFFICER NORTH LAKHIMPUR REVENUE CIRCLE NORTH LAKHIMPUR DIST.- LAKHIMPUR (ASSAM) PIN- 78700

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Advocate for the Petitioner : MR. K R PATGIRI, MR. B GOGOI,MS CHITRALEKHA DAS

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

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 03.12.2025

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Heard Mr. K.R. Patgiri learned counsel for the petitioner; Ms. G Hazarika, learned standing counsel, Revenue and Disaster

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Management, Department for the respondent Nos. 1 & 2 and Mr. J Handique, learned Junior Government Advocate for respondent Nos. 3 to 6.

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In view of the contentions raised in this writ petition, the writ petition is taken up for consideration at the motion stage itself, as agreed to by the learned counsel for the appearing parties. Having regard to the grievance raised by the petitioner against the party respondent Nos. 7 to 9, notice is found not necessary. As against them, the petitioner may seek remedy before a civil court of competent jurisdiction, if so advised.

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The petitioner’s husband, namely, late Ishwar Prasanna Baruah and his two brothers had owned a plot of land measuring 3 kathas, covered by Dag No.308 & Patta No.85, situate at NizChinatolia, Mouza- Nokari, North Lakhimpur Revenue Circle [“the subject-plot”, for short]. After the demise of her husband, the petitioner has become the co-owner of the subject-plot.

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In this writ petition, the petitioner has averred that the private individuals impleaded as party respondent Nos. 7 to 9 have been creating disturbances with regard to the possession of the petitioner on the subject-plot and in the process, they have constructed boundary wall/house/shed over some portion of the subject-plot.

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This writ petition has been preferred seeking inter alia a direction to the state respondents to demarcate the boundary of the subject-plot by disposing of demarcation case [registered as Misc Case No.02/2025], registered on the basis of an application filed by

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the petitioner. It is stated that the Misc Case No.02/2025 is presently pending before the respondent No.3. It is the grievance of the petitioner that no progress has not been made in the Misc Case No.02/2025 for a long time.

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In so far as the allegation of encroachment of the petitioner’s periodic patta land i.e., the subject plot by the party respondent Nos.7 to 9 is concerned, the petitioner is required to seek remedy before a civil court of competent jurisdiction seeking restoration of possession.

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In so far as the matter of demarcation is concerned pending in the form of Misc. Case No.02/2025, the respondent No.3 shall proceed to dispose of the same as expeditiously as possible by taking into consideration the provisions of Section 23 of the Assam Land and Revenue Regulation, 1886, to the actual extent or possession of the petitioner. It is therefore, directed that the respondent No.3 shall bring the proceedings of Misc Case No.02/2025 as expeditiously as possible preferably within a period of 3 months from the date of submission of a certified copy of this order by the petitioner.

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Chenimai Baruah v. the State of Assam and 8 Ors.

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Chenimai Baruah v. the State of Assam and 8 Ors.

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