Page No.# 1/4 GAHC010222902024 2025:GAU-AS:3652 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5446/2024 DR. MADHURJYA BHATTACHARYYA AND ANR S/O- LATE JANARDAN BHATTACHARYA, R/O- FLAT NO. 1B, USHA APARTMENT, KALYANI SAGAR PATH, KALYANI NAGAR, BHAGADUTTAPUR, KAHILIPARA, P.O. KAHILIPARA, P.S. DISPUR, DIST.- KAMRUP(M), GUWAHATI-781019, ASSAM 2: SRIMATI BINITA SARMA W/O- DR. MADHURJYA BHATTACHARYYA R/O- FLAT NO. 1B USHA APARTMENT KALYANI SAGAR PATH KALYANI NAGAR BHAGADUTTAPUR KAHILIPARA P.O. KAHILIPARA P.S. DISPUR DIST.- KAMRUP(M) GUWAHATI-781019 ASSA VERSUS THE STATE OF ASSAM AND 4 ORS THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER KAMRUP(M) HENGRABARI GUWAHATI. 3:THE ADDITIONAL DISTRICT COMMISSIONER KAMRUP(M) CUM DISTRICT BAKIJAI OFFICER Page No.# 2/4 KAMRUP(M) HENGRABARI GUWAHATI. 4:M/S AARVEE ASSOCIATES REPRESENTED BY ITS PROPRIETOR SRIMATI MANJITA KALITA CHOUDHURY HAVING ITS REGISTERED OFFICE AT RUKMINIGAON OPPOSITE OF HDFC BANK HOUSE NO. 86 GUWAHATI-781002 DIST. KAMRUP(M) ASSAM 5:SRIMATI MANJITA KALITA CHOUDHURY W/O- SRI ANUSHIK CHOUDHURY RUKMINIGAON OPPOSITE OF HDFC BANK HOUSE NO. 86 GUWAHATI-781002 DIST. KAMRUP(M) ASSA Advocate for the Petitioner : MR R SINGHA, MS S PATOWARY Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 28.03.2025 1. Heard Mr. R. Singha, learned counsel for the petitioners. Also heard Mr. S. Baruah, learned State counsel representing the State respondent and Ms. N. Bordoloi, learned Standing Counsel for the Revenue Department. 2. The grievance of the petitioners is that the Bakijai Officer-Cum- Additional Deputy Commissioner, (herein after referred to as the Bakijai Officer), Kamrup (M) is sitting over the Bakijai proceeding initiated on the basis of a certificate Page No.# 3/4 issued by the Real Estate Regulatory Authority (RERA). 3. The record reveals that the Bakijai Officer had written a letter to the Circle Officer, Dispur Revenue Circle regarding information of properties of the Certificate Debtor, both movable and immovable. The aforesaid communication was issued on 20.01.2025. Accordingly, this Court sought for instruction as regards execution of Certificate. 4. It is also on record that subsequently, the Circle Officer, Dispur Revenue Circle by its communication under letter No. DIS-06/2021/388 dated 13.02.2025 had intimated the Certificate Officer, Kamrup, Bakijai Branch as regards the immovable property in the name of Certificate Debtor. 5. The learned counsel for the petitioners contends that even after the aforesaid information, nothing has been done. 6. The learned State counsel, Mr. S. Boruah, on instruction submits that after receipt details of the properties standing in the name of the Certificate Debtor, Smti Manjitha Kalita Choudhury, furnished by the Circle Officer, Dispur Revenue Circle, notices under Sections 23 & Section 46 of the Bengal Public Demand Recovery Act, 1913, has been issued in the following manner:- 1. Notice of the day (30/04/2025) fixed for setting a sale for proclamation (Form No. 20) 2. Proclamation of Sale (Form No. 21) 3. Order on the Nazir of O/o District Commissioner, Kamrup (M), for causing publication of proclamation of sale (from No. 22). 7. In view of the aforesaid, the petitioner should not have any further grievance as the authorities are proceeding in right direction at this stage. Page No.# 4/4 8. Accordingly, this writ petition stands closed. 9. A copy of the instruction dated 27.03.2025 issued by the District Commissioner, Kamrup (M) is kept on record. JUDGE Comparing Assistant