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2025 DAILYLAW 16547 (GAU)

GIRIDHAR BRAHMA v. THE STATE OF ASSAM AND 4 ORS

WP(C)/4189/2025 · 2025-09-07

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010163512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4189/2025 GIRIDHAR BRAHMA S/O- LATE ARJUN BRAHMA, R/O- VILL.- SAUKUCHI, MILAN NAGAR, P.O. SAUKUCHI, DIST. KAMRUP(M), ASSAM, PIN- 781040. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI- 06. 2:THE SECRETARY REVENUE DEPARTMENT BODOLAND TERRITORIAL COUNCIL/ BTR KOKRAJHAR 3:THE CIRCLE OFFICER TAMULPUR REVENUE CIRCLE TAMULPUR BAKSA ASSAM PIN- 781367. 4:MAYA CHOUDHURY D/O- LATE PHANINDRA CHOUDHURY R/O- VILL.- BALTIPAR MOUZA- PUB BAKSA P.S. AND DIST. TAMULPUR ASSAM PIN- 781367. 5:SMTI PARUL CHOUDHURY Page No.# 2/3 D/O- LATE PHANINDRA CHOUDHURY R/O- VILL.- BALTIPAR MOUZA PUB BAKSA P.S. AND DIST. TAMULPUR ASSAM PIN- 781367 Advocate for the Petitioner : MR. J KALITA, MR SOHAING Advocate for the Respondent : SC, REVENUE, MR. B HUSSAIN(R-4,5),MR. A K HUSSAIN (R- 4,5),SC, BTC,GA, ASSAM BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 08-09-2025 1. Heard Mr. J. Kalita, learned counsel for the petitioner and Mr. G. Hazarika, learned Standing counsel, Revenue Department for the respondent No. 1. Also heard Mr. B. Choudhury, learned Standing counsel, BTC for the respondent Nos. 2 & 3 and Mr. A. K. Hussain, learned counsel for the respondent No.4. 2. The petitioner is aggrieved by the Notice No. TPR-73/2025/277 dated 21.07.2025 issued by the Circle Officer, Tamulpur Revenue Circle and non-acceptance of his prayer made on 23.07.2025 for adjournment of his appearance before the aforesaid authority in terms of the Notice dated 21.07.2025.The impugned Notice is addressed to the present petitioner and the respondent Nos. 4 & 5. The Notice discloses that such hearing was fixed to settle the boundary dispute of land, measuring 3 Bighas 1 Katha 10 Lechas of khiraj Myadi Patta No. 126, covered by Dag No. 332 of Village-Bareigaon, Mouza-Pub-Baksa. 3. Mr. Kalita, learned counsel for the petitioner submits that though the petitioner sought for an adjournment by his communication dated 23.07.2025, however, such Page No.# 3/3 application was not even accepted by the concerned authority. It is the contention of the petitioner that though no copy of order has been furnished by the authority, however, the petitioner has been verbally directed to vacate the subject land. 4. Mr. Hussain, learned counsel for the respondent Nos.4 & 5 fairly submits that as the petitioner has already received due notice and the copies of the petitions filed by his clients along with the annexures, the respondents shall have no objection, if, the present petitioner prefers to file objection before the Circle Officer, Tamulpur Revenue Circle. 5. Mr. Choudhury, learned Standing counsel, BTC also submits that the Circle Officer, Tamulpur Revenue Circle shall decide the matter as per law and will give an opportunity to the petitioner to file an objection. 6. Accordingly, this petition stands closed by permitting the petitioner to file an objection on or before 14.10.2025. 7. Thereafter, the Circle Officer, Tamulpur Revenue Circle, shall decide the matter in accordance with law by giving an opportunity of hearing to both the parties. JUDGE Comparing Assistant