Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 11648 (GAU)

RAJIB GOGOI v. THE STATE OF ASSAM AND 9 OTHERS

WP(C)/2504/2025 · 2025-05-25

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010091332025 2025:GAU-AS:6663 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2504/2025 RAJIB GOGOI S/O- LATE SURENDRA NATH GOGOI, R/O- WARD NO-1, DHEMAJI TOWN, P.S AND DIST-DHEMAJI, ASSAM, PIN-787057 VERSUS THE STATE OF ASSAM AND 9 OTHERS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, REVENUE DEPARTMENT, GUWAHATI, ASSAM 1.1:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GHY-6. 2:THE SECRETARY TO THE GOVT OF ASSAM REVENUE DEPARTMENT GUWAHATI ASSAM 3:THE DISTRICT COMMISSIONER DHEMAJI ASSAM PIN-787057 4:THE CIRCLE OFFICER DHEMAJI REVENUE CIRCLE DHEMAJI ASSAM PIN-787057 Page No.# 2/4 5:DIPALI GOGOI W/O- LATE GHANA GOGOI 6:KUSHAL GOGOI S/O- LATE GHANA GOGOI 7:BABUL GOGOI S/O- LATE GHANA GOGOI 8:LEKHAN GOGOI S/O- LATE KINARAM GOGOI 9:PURANDRA GOGOI S/O- LATE KINARAM GOGOI 10:NAGEN GOGOI S/O- LATE KINARAM GOGOI RES. NO 5 TO 10 ARE R/O WARD NO-1 DHEMAJI TOWN P.S- DHEMAJI DIST- DHEMAJI ASSAM PIN-78705 Advocate for the Petitioner : MR. N K KALITA, MR D DEKA Advocate for the Respondent : SC, REVENUE, MR. D. NATH, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 26.05.2025 1. Heard Mr. N.K. Kalita, learned counsel for the petitioner. 2. The present application under article 226 of the Constitution of India is filed by the petitioner amongst others to provide certified copies of the orders (i) dated 21.08.2023 passed in DHE/DHE/2022-23/12316/OPART, (ii) dated 28.08.2023 passed in Page No.# 3/4 DHE/DHE/2023-2024/202400142/OPART and (iii) dated 30.08.2023 passed in DHE/DHE/2023-24/202400143/OPART, on the basis of which partition was granted. 3. This court sought instruction as to why certified copies of such orders cannot be given to a litigant. To such query, the Additional District Commissioner, Dhemaji has responded through his instruction dated 19.05.2025, addressed to the learned State counsel to the effect that “ as orders passed in partitioned cases are not recorded as separate entities due to the process being conducted online, such orders cannot be provided.” It was further expressed that such orders are reflected in the copy of the jamabandi. 4. This court has perused the jamabandi and the relevant order(s), which nowhere says the reason for passing such order, rather it reflects only the date of the order and the authority who passed it. 5. In the aforesaid backdrop, this court sought for further instructions. 6. Mr. D Nath, learned Senior Government Advocate appearing for the state respondents submits that due to some misunderstanding, the earlier instruction was given, however, orders are recorded and uploaded in the system and accordingly he has also produced the order sheet. 7. In view of the aforesaid, Mr. Kalita submits that the present writ petition may be disposed of, with a direction to the authorities to provide him with the certified copies of this order, so Page No.# 4/4 that he can approach the appellate forum available in this regard. 8. Mr. Nath, learned counsel for the State respondents has not objected to such prayer. 9. Accordingly, the writ petition stands disposed of with a liberty to the petitioner to approach the appropriate forum against the order in question. The designated authorities/public servant shall provide the petitioner with the copies of the order sheets, which are shown to be available online. 10. Zerox copies of the order sheet provided to Mr. D Nath, learned senior Government Advocate, Assam shall also be furnished to Mr. Kalita, learned counsel for the petitioner. 11. The copies of instruction received by Mr. D Nath, learned senior Government Advocate is kept on record 12. Accordingly the writ petition stands disposed of on withdrawal with liberty as prayed for. 13. Since the petitioner was not provided with the certified copies, it is needless to say that the period of limitation shall start from the delivery of such certified copies, provided the petitioner applies for such certified copies within a period of 5 days from today. JUDGE Comparing Assistant