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2025 DAILYLAW 17674 (GAU)

NARENDRA NATH SARMA v. THE STATE OF ASSAM AND 3 ORS.

CRP(IO)/342/2025 · 2025-08-19

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010181222025 2025:GAU-AS:11043 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/342/2025 NARENDRA NATH SARMA S/O LATE MAHAT CHANDRA SARMA, R/O ABHAYAPURI, WORKSHIP, WARD NO. 8, P.O. AND P.S.- ABHAYAPURI, DISTRICT- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI- 06. 2:THE COMMISSIONER OF TRANSPORT HOUSEFED COMPLEX DISPUR GUWAHATI- 06. 3:THE DISTRICT COMMISSIONER BONGAIGAON P.O. AND P.S.- BONGAIGAON DISTRICT- BONGAIGAON ASSAM. 4:THE DISTRICT TRANSPORT OFFICER BONGAIGAON P.O. AND P.S.- BONGAIGAON DISTRICT- BONGAIGAON ASSAM Advocate for the Petitioner : MR H DAS, D BARUAH Advocate for the Respondent : GA, ASSAM, SC, TRANSPORT DEPARTMENT, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.08.2025 1. Heard Mr. H. Das, learned counsel for the petitioner. Also heard Ms. M. D. Bora, learned Standing Counsel, Transport Department appearing on behalf of the respondent Nos.2 and 4 and Mr. K. K. Bhattacharjee, learned Government Advocate for the respondent Nos.1 and 2. 2. This application has been filed under Article 227 of the Constitution of India, in respect of the Title Execution Case No.03/2020, pending in the Court of the learned Civil Judge (Senior Division), Bongaigaon. 3. The petitioner being the plaintiff filed the suit before the Trial Court and the suit was decreed in favour of the plaintiff, thereafter, the respondents filed an Appeal before the Court of the learned District Judge, Bongaigaon being the Title Appeal No.01/2021, the learned District Judge stayed the Execution Proceeding in T.S. No.53/2016. Thereafter, the learned District Judge transferred the case to this Court on the ground of lack of pecuniary jurisdiction. 4. I have gone through the Notification No.65 of this Court dated 26.09.2024. 5. Thereafter, the petitioner filed an application before the Court under the Right to Information Act before this Court for getting status of his case. 6. This Court on 10.06.2024, informed him that the case record of Title Appeal No.01/2021 was received by this Court, but the Standing Counsel for the Transport Department and the Government of Assam did not take any steps and, therefore, the Page No.# 3/3 Appeal was not registered. 7. I have considered the submissions made by learned counsel of both sides. 8. As per the notification dated 26.09.2024, the case should be registered by this Court on its own for that matter, the presence of the counsel of the appellant is not required. The Registry is directed to register the Appeal and shall list this matter for admission hearing within 2 (two) weeks. 9. It is hereby directed that the stay order granted by the learned District Judge, Bongaigaon in respect of the stay of the Title Execution Case No.03/2020, pending in the Court of the learned Civil Judge (Senior Division), Bongaigaon shall continue until further orders. 10. With the aforesaid direction, this Civil Revision petition is disposed of. JUDGE Comparing Assistant