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2025 DAILYLAW 15942 (GAU)

MAICHANA LASKAR v. THE ASSAM BOARD OF REVENUE and ORS

I.A.(Civil)/2215/2025 · 2025-08-26

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010153672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2215/2025 In WP(C)/1360/2021(D/O) MAICHANA LASKAR W/O LATE AMIYA KR. LASKAR, R/O PACHIM BORAGAON, NEAR L.P. SCHOOL, N.H. 37 GUWAHATI 781035, P.O. AND P.S. GORCHUK, DIST. KAMRUP (M), ASSAM. VERSUS THE ASSAM BOARD OF REVENUE and ORS GUWAHATI, ASSAM 2:THE CHAIRMAN ASSAM BOARD OF REVENUE GUWAHATI. 3:THE ADDL. DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI 1 4:THE SETTLEMENT OFFICER GUWAHATI. 5:SHYAMAL NARAYAN DEV S/O SRI GAJENDRA NARAYAN DEV PRESENT R/O ABS ESTATE FLAT NO. IC BASISTHAPUR BYELANE 1 HOUSE NO. 59 P.O. BELTOLA P.S. DISPUR GUWAHATI 6 DIST. KAMRUP (M) ASSAM. Page No.# 2/4 6:HARESWAR SARMA S/O LATE TRIPURESWAR SARMA R/O KAMAKHYA DHAM P.S. BHARALUMUKH GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781010 7:LANKESWAR SARMA S/O LATE TRIPURESWAR SARMA R/O KAMAKHYA DHAM P.S. BHARALUMUKH GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781010 8:NAGESWAR SARMA S/O LATE TRIPURESWAR SARMA R/O KAMAKHYA DHAM P.S. BHARALUMUKH GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781010 9:CHAITYANNA SARMA S/O LATE KHAGEN SARMA R/O KAMAKHYA DHAM P.S. BHARALUMUKH GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781010 10:SASHI DEVI W/O LATE BISHESWAR SARMA R/O KAMAKHYA DHAM P.S. BHARALUMUKH GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781010 11:HIRONMOYEE DEVI Page No.# 3/4 W/O LATE SEKHAR SARMA R/O KAMAKHYA DHAM P.S. BHARALUMUKH GUWAHATI DIST. KAMRUP (M) ASSAM PIN 78101 Advocate for the Petitioner : MR HRISHIKESH DAS, R BORUAH Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27-08-2025 Heard Shri H. Das, learned counsel for the applicant, who by means of this application has prayed for slight modification in the judgment and order dated 17.06.2025 more particularly certain observations made in paragraph 22. It is submitted that in paragraph 22 of the judgment, this Court had made an observation that the applicant/petitioner would be at liberty to negotiate with the private respondent for transfer of the land in accordance with law. He submits that such observation is not required. Shri S. J. Rajbongshi, the learned counsel for the respondent nos. 5 to 18 submits that he does not have any objection in principle in deletion of the aforesaid observation. Also heard Shri N. Goswami, learned State Counsel. For ready reference paragraph 22 of the judgment and order dated 17.06.2025 is extracted herein below: Page No.# 4/4 “22. At this stage, Shri Das, the learned counsel for the petitioner has submitted that his client may be given liberty to negotiate with the private respondents for transfer of the land in accordance with law. It is made clear that dismissal of this writ petition shall not be a bar for the parties to settle the matter in accordance with law.” The present application is for deletion of the part of giving liberty for negotiate with the private respondent for transfer of the land in accordance with law. In the considered opinion of this Court, the said observation was not a direction but only a liberty granted to the petitioner which the petitioner may not like to explore. In any case, since in the understanding of the petitioner, the same would come into the way of some settlement, this Court is of the view that the present prayer for deleting the aforesaid observation be allowed. Accordingly, the instant IA is allowed by deleting the observations of giving liberty to the petitioner to negotiate with the private respondent for transfer of the land in accordance with law. Let this order be read as a part of the judgment and order dated 17.06.2025 passed in WP(C)/1360/2021. IA stands disposed of. JUDGE Comparing Assistant