Page No.# 1/6 GAHC010189732025 2025:GAU-AS:16583 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5081/2025 SMTI SATI KAR AND 8 ORS. W/O. LATE PURNENDU KAR, DAUGHTER-IN-LAW OF LATE PARESH CHANDRA KAR, R/O. VILLAGE RADMANAGAR BILL PAR, SILCHAR, DISTRICT- CACHAR, ASSAM, PIN -788001. 2: PUSPENDU KAR S/O. LATE PURNENDU KAR GRAND SON OF LATE PARESH CHANDRA KAR R/O. VILLAGE RADMANAGAR BILL PAR SILCHAR DISTRICT -CACHAR ASSAM PIN-788001. 3: PRADIP KAR S/O. LATE PRATUL KAR R/O. FLAT NO. G09- 6 NBCC TOWER RAJARHAT TOWN DISTRICT- 14 NORTH PARGANAS WEST BENGAL PIN -700156. 4: PRANAB KAR S/O. LATE PRATUL KAR R/O. SILCHAR TOWN WARD NO. 7 P.O. AND P.S. SILCHAR DISTRICT CACHAR ASSAM. 5: PRANAY KAR S/O. LATE PRATUL KAR R/O. SILCHAR TOWN WARD NO. 7 P.O. AND P.S. SILCHAR Page No.# 2/6 DISTRICT- CACHAR ASSAM. 6: SUJIT KUMAR KAR S/O LT. SUNIL KUMAR KAR R/O- SILCHAR TOWN WARD NO.9 P.O AND P.S- SILCHAR DIST-CACHAR ASSAM 7: SUMITRA DEB ROY D/O. SUNIL KUMAR KAR R/O. BAHADURPUR RAMKRISHNA NAGAR BLOCK - 1 P.S. NILAM BAZAR DISTRICT- KARIMGANJ ASSAM. 8: SHYAMALI KAR D/O. SUNIL CHANDRA KAR R/O. SILCHAR PADMANAGAR BILPAR WARD NO. 9 DISTRICT- CACHAR ASSAM. 9: SUBHASH CHANDRA KAR S/O. LATE KHIROD RANJAN KAR R/O. KANAKPUR PART - 1 P.S. SADAR DISTRICT- CACHAR ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS THROUGH - THE SECRETARY, TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI - 781006. 2:THE DISTRICT COMMISSIONER SRIBHUMI P.O. KARIMGANJ DIST- SRIBHUMI ASSAM-788710. 3:THE ADDITIONAL DISTRICT COMMISSIONER Page No.# 3/6 SRIBHUMI P.O. KARIMGANJ DISTRICT- SRIBHUMI ASSAM. PIN -788710. 4:THE CIRCLE OFFICER RAMKRISHNA NAGAR REVENUE CIRCLE VILLAGE AND P.O. RAMKRISHNA NAGAR DISTRICT- SRIBHUMI ASSAM. PIN -788166. 5:PARITOSH KAR S/O-LT. PORESH CHANDRA KAR R/O-KRIPASINDHU MANSION OPP NIGHTANGLE HOSPITAL FLAT NO. K.M-11 PACHGORI ROAD P.S RANIGIRKHARI SILCHAR DIST- CACHAR ASSAM- 788012. 6:SMTI JAYANTI DEY D/O- LT. PARESH CHANDRA KAR R/O- LINK ROAD LANE NO- 1/B H.NO- 62/A 2ND FLOOR P.S-RANGIRKHARI SILCHAR DIST- CACHAR ASSAM-788005 Advocate for the Petitioner : MR. R MAJUMDAR, MR. JUNM LASKAR,MS. J GHOSH Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 03.12.2025 Heard Mr R Mazumdar, learned counsel appearing for the petitioners. Also heard Ms M Barman, learned counsel appearing for the respondent Nos. 2, 3 Page No.# 4/6 and 4 and Mr A Bhattacharya, learned counsel appearing for the respondent No. 1. 2. The Office Note dated 17.11.2025, reflects that the respondent Nos. 5 and 6 have refused to accept the notice given by dasti service, and the steps taken by registered post with A/D have also been returned back with the postal remark-“refused”. It is thus, apparent that the respondent Nos. 5 and 6 have deliberately avoided service of notice of the present writ petition. Therefore, this matter is now taken up in their absence. 3. The prayer in the writ petition was for directions to be issued to the respondents to process the application filed by the petitioner for partition of a plot of land which he holds in common sharing with the respondent Nos. 5 and 6. 4. Mr Mazumdar, learned counsel appearing for the petitioners, submits that in exercise of authority under Regulation 107 of the Assam land and Revenue Regulations, 1886, the District Commissioner can go ahead with the partition of a plot of land held in common sharing, but the application of the petitioners have not been duly considered by the aforesaid authority. He has submitted that by a communication dated 11.07.2025, the Circle officer has also informed the office of the District Commissioner (Revenue) that the Co-Pattadars, namely, Sri Paritosh Kar and Smti Jayanti Dey, had failed to appear before the Circle Officer, despite receipt of notice, and hence, hearing could not be done. Mr Mazumdar, therefore, prays that appropriate directions may be issued to the District Commissioner to proceed, in accordance with law, even in the absence of respondent Nos. 5 and 6, who are his co-pattadars. Page No.# 5/6 5. Ms Barman, learned counsel appearing for the State respondents has submitted that the petitioners had failed to furnish the NOC/consent of the co- pattadars to the partition, and, therefore, the matter has not proceeded further. She has submitted that as per the Assam Right To Public Services Act and the requirements of filing an application under the Sewa Setu Portal, the scanned copy of a deed for mutual partition, affidavit declaring mutual partition, and authenticated consent of the pattadars are mandatory documents. In the absence of such a document, the application of the petitioners could not be processed. 6. The above submissions are made on the basis of the instructions received by Ms Barman on 08.09.2025, from the Circle Officer, Ramkrishna Nagar, Sribhumi, Assam. 7. From the manner in which the respondent Nos. 5 and 6 have refused the notices issued by this Court and have also deliberately abstained from appearing before the Circle Officer, it is amply displayed that the respondent Nos. 5 and 6, who are the alleged co-pattadars, are not cooperating with the litigations instituted by the petitioner. The attempt appears to be intended to frustrate the cause of the petitioner by abstaining from participation in the processes initiated by the petitioner. These are, however, prima facie views of the Court, and are not deciding the issue of partition and demarcation of the land in issue. 7. In view of the prayer made by Mr Mazumdar that the matter may now be remanded to the District Commissioner, Sribhumi, to pass necessary orders on the application filed by the petitioners after taking into account the deliberate abstinence resorted to by the respondent Nos. 5 and 6, this Court disposes of Page No.# 6/6 this writ petition with a direction to the District Commissioner, Sribhumi, to dispose of the application filed by the petitioner by taking into account the fact that the respondent Nos. 5 and 6, who are allegedly the co-pattadars with the petitioners, have abstained from participating in any legal forums. It is needless to say that the District Commissioner shall act in accordance with law, while coming to a decision on the application filed by the petitioners. The decision by the District Commissioner will be conveyed to the petitioner, within a period of 45 (forty-five) days from the date of receipt of a certified copy of this order. 8. Writ petition stands disposed of. 9. No cost(s). JUDGE Comparing Assistant