Dildar Ali Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

Dildar Ali Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed with time-bound directions: petitioner to file a fresh representation with copy of the writ petition and certified copy of the order to the Circle Officer, Chhaygaon Revenue Circle, Kamrup (R), Assam within 15 days; the Circle Officer (respondent No. 4) to intimate any required formalities within 7 days of the application; and the representation to be disposed within 60 days of receipt; no costs.

Issue for consideration

Whether and how the respondent authorities should proceed to consider and dispose of the petitioner's representation seeking demarcation of his land in issue, following the withdrawal of Criminal Revision Petition No. 340/2024.

Court's answer

The writ petition is disposed, directing the petitioner to file a fresh representation to the respondent authorities, along with the copy of the writ petition and a certified copy of the order, to the Circle Officer, Chhaygaon Revenue Circle.

Ratio / Principle

The fresh representation was to be filed within a period of 15 days from the date of the order.

Key takeaways

On receipt of the application, the concerned authority, namely respondent No. 4, the Circle Officer, Chhaygaon Revenue Circle, shall inform the petitioner if any other formalities are required to be fulfilled, within 7 days from the date of application.ratio¶22
Upon completion of any formality, the representation preferred by the petitioner shall be disposed within a period of 60 days from the date of receipt of the representation.ratio¶24

Detailed headnote1 paragraphs

Gauhati High Court, W.P.(C)/859/2024, order dated 06-11-2025 (Rajesh Mazumdar, J.): disposed of the writ petition of Dildar Ali concerning demarcation of his land at Vill. Gumi Bangkakata, P.S. Chhaygaon, Dist. Kamrup, Assam. Recording that the petitioner had withdrawn Criminal Revision Petition No. 340/2024 and that no legal impediment remained, the Court directed the petitioner to file a fresh representation, together with a copy of the writ petition and a certified copy of the order, to the Circle Officer, Chhaygaon Revenue Circle, Kamrup (R), Assam within 15 days. The Circle Officer (respondent No. 4) was to intimate any further formalities required within 7 days of the application and, upon completion of such formality, dispose of the representation within 60 days of receipt. No costs awarded.

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GAHC010028652024

2025:GAU-AS:14950

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/859/2024

DILDAR ALI

S/O- LATE FARMAN ALI, R/O- VILL.- GUMI BANGKAKATA, P.O. AGGUMI, P.S. CHHAYGAON, DIST. KAMRUP, ASSAM, PIN- 781137.

VERSUS

THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT, DISPUR, GHY-6.

2:THE DEPUTY COMMISSIONER KAMRUP AMINGAON.

3:THE ADDL. DEPUTY COMMISSIONER KAMRUP AMINGAON.

4:THE CIRCLE OFFICER CHHAYGAON REVENUE CIRCLE DIST. KAMRUP(R) ASSA

Advocate for the Petitioner : MR. D BORAH, MS P SINGH,K BARMAN

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

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BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

Date : 06-11-2025

Heard Mr. D. Borah, learned counsel for the petitioner. Also heard N. Bordoloi, learned counsel for the respondent No. 1 and Mr. H. Sarma, learned counsel appears for the respondent No. 2, 3 & 4.

On the last occasion when the case was listed, the learned counsel for the petitioner had sought for some time to have instruction and/or to have the Criminal Revision Petition No. 340/2023 closed so that further orders in this writ petition would follow. Today, he has informed this Court that Criminal Revision Petition No. 340/2024 has been withdrawn by the petitioner and therefore, now there is no legal impediment in the way of the respondents to consider and dispose of the representation filed by the petitioner seeking demarcation of his land in issue.

Ms. N. Bordoloi, learned counsel for the respondent No.1 and Mr. H. Sarma, learned counsel for the respondent No. 2, 3 & 4 have submitted that since the impediment in the demarcation process has been removed, the respondent authorities would consider and pass the appropriate order on the application of the petitioner seeking demarcation.

In view of the above, the writ petition is disposed directing the petitioner to file a fresh representation to the respondent authorities along with the copy of the writ petition and a certified copy of this order to the Circle Officer, Chhaygaon Revenue Circle, Kamrup (R), Assam within a period of 15 days from today and on receipt of such an application, the concerned authority namely, the respondent No.4 i.e. the Circle Officer, Chhaygaon Revenue Circle shall inform the petitioner if any other formalities are required to be fulfilled within 7 days from the date of application. Upon completion of formality, if any, the representation preferred by the petitioner shall be

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disposed within a period of 60 days from the date of receipt of the representation as aforesaid.

Writ petition stands disposed. No cost.

JUDGE

Comparing Assistant