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2025 DAILYLAW 17498 (GAU)

MANARANJAN BASAK AND ANR v. THE STATE OF ASSAM AND ORS

WP(C)/4710/2025 · 2025-08-19

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010178222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4710/2025 MANARANJAN BASAK AND ANR RESIDENT OF BILASIPARA TOWN, WARD NO. 12, P.O. AND P.S.- BILASIPARA, DISTRICT- DHUBRI, ASSAM. 2: RANA PRATAP BASAK RESIDENT OF BILASIPARA TOWN WARD NO. 12 P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND D.M. DEPARTMENT, DISPUR, GUWAHATI- 6. 2:THE DISTRICT COMMISSIONER DHUBRI CUM DISTRICT COLLECTOR P.O. AND P.S.- DHUBRI DISTRICT-DHUBRI ASSAM. 3:THE SUB REGISTRAR BILASIPARA P.O. AND P.S.- BILASIPARA DISTRICT DHUBRI ASSAM. 4:THE CIRCLE OFFICER CHAPAR CIRCLE P.O. AND P.S.- CHAPAR DISTRICT Page No.# 2/4 DHUBRI ASSAM. 5:NRIPENDRA NATH BASAK BILASIPARA TOWN WARD NO. 13 P.S.- BILASHIPARA DISTRICT- DHUBRI. 6:JEL HOQUE VILLAGE- CHARUABAKHARA P.O.- CHIRAKUTI P.S.- CHAPAR DISTRICT- DHUBRI ASSAM. 7:MAHA ALOM VILLAGE- CHARUABAKHRA P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICT- DHUBRI (ASSAM). 8:ARFAN ALI VILLAGE- CHARUABAKHRA P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICT- DHUBRI (ASSAM). 9:JUL HASEN SK VILLAGE- CHARUABAKHARA P.O.- CHIRAKUTI P.S.- CHAPAR DISTRICT- DHUBRI ASSAM. 10:SAHAR UDDIN VILLAGE- CHARUABAKHARA P.O.- CHIRAKUTI P.S.- CHAPAR DISTRICT- DHUBRI ASSAM. 11:ILINA HOQUE VILLAGE- CHARUABAKHARA P.O.- CHIRAKUTI P.S.- CHAPAR DISTRICT- DHUBRI ASSAM. Page No.# 3/4 12:SAMAD ALI VILLAGE- CHIRAKUTA PT.- II P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICT- DHUBRI ASSAM Advocate for the Petitioner : MR H DAS, D BARUAH Advocate for the Respondent : GA, ASSAM, SC. REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 20.08.2025 Heard Shri H Das, learned counsel for the petitioners. Also heard Shri SS Roy, learned State Counsel, Assam as well as Shri S Dutta, learned Standing Counsel, Revenue Department, Assam. Considering the order which is proposed to be passed, issuance of formal notice upon the private respondents would not be necessary. As per the projection made in this petition, the petitioners claim to have purchased two plots of land measuring 8 bigha and 4 katha out of which, one plot measuring 6 bigha 0 katha, 3 lechas is concerned by Dag No. 3 of Patta No. 47 situated at Village-Chirakuti Part-II and another plot measuring 2 bigha, 3 katha 17 lechas is covered by Dag No. 244 of Patta No. 43 situated at Village-Chirakuti Part-I under the Chapor Revenue Circle. The aforesaid purchase was made by registered Sale Deeds No. 3954/1971 and No. 651, dated 17.02.2006. The petitioners thereafter had applied for demarcation and mutation and accordingly, misc. cases were registered in the office of the Assistant Settlement Officer, Chapor Circle. However, during that time, the respondent no. 5 had again sold the aforesaid plots of land to the private respondent nos. 6 to 12 and their names were also mutated in the year Page No.# 4/4 2022-2023. Shri Das, learned counsel for the petitioners has, however submitted that TS No. 128/2023 has already been instituted in the Court of the learned Civil Judge (Jr. Division), Bilasipara in which, the defendants have also appeared and filed their written statement. The present grievance is with regard to the notices dated 21.06.2025, 16.07.2025 and 05.08.2025. Shri Roy, learned State Counsel as well as Shri Dutta, learned Standing Counsel, Revenue Department have submitted that the matter is presently sub judice before the competent Civil Court and the said aspect can be raised before the said Court. Considering the aforesaid facts and circumstances, the instant writ petition is disposed of by giving liberty to the petitioner to file appropriate application in the pending TS No.128/2023 with regard to the present cause of action. It is needless to say that if such application is filed before the learned Court, the same would be considered strictly in accordance with law. The writ petition is accordingly closed. JUDGE Comparing Assistant