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2025 DAILYLAW 10860 (GAU)

ABDUL BARIK v. THE STATE OF ASSAM AND 2 ORS

WP(C)/2208/2025 · 2025-04-29

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010078472025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2208/2025 ABDUL BARIK S/O- AFSAR ALI, VILL.- ADABARI, PT-II, P.O. CHAGALCHARA, P.S. AND DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM 2:THE DISTRICT COMMISSIONER DHUBRI DIST. DHUBRI ASSAM 3:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE DIST. DHUBRI ASSA Advocate for the Petitioner : MR A ISLAM, E HUSSAIN Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 30.04.2025 Page No.# 2/3 Heard Mr. A. Islam, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Mr. H. Sharma, learned Additional Senior Government Advocate for the respondent nos. 2 & 3. 2. The petitioner has stated that the petitioner was granted an allotment certificate for a plot of land measuring 3 Bighas & 7 Lessas by an allotment certificate in the year 2007. The petitioner has claimed that in view of a policy mentioned in a Office Letter dated 21.04.2015 of the Revenue & Disaster Management Department, the petitioner is entitled for issuance of periodic patta in respect of the said plot of land as he is holder of an allotment certificate and is in continuous possession of the said plot of land for more than 3 years since 2007. 3. The petitioner has submitted an application for conversion of allotment certificate to periodic patta on 26.02.2025 and his application was received vide Acknowledgement no. RTPS/ALOT/2025/3370726. 4. While acknowledging the application, the petitioner has been informed that if the application has been accepted by the Revenue & Disaster Management Department, then the service would be provided within 90 days and if the service is not delivered within 90 days, the petitioner has the option of filing an appeal. After submission of the application on 26.02.2025, the petitioner has approached this Court by the instant writ petition on 10.04.2025. 5. The application is clearly premature and, therefore, it is not entertained. 6. The application is accordingly dismissed. 7. The dismissal of the writ petition shall not preclude the petitioner to avail appropriate remedy under the law in respect of his application seeking periodic patta on the strength of the allotment certificate. JUDGE Page No.# 3/3 Comparing Assistant