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2025 DAILYLAW 26958 (GAU)

TULESWAR BORA v. THE STATE OF ASSAM AND 4 ORS.

I.A.(Civil)/3595/2025 · 2025-12-16

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010245332025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3595/2025 TULESWAR BORA S/O LATE GIRISH CHANDRA BORA VILL- NIZ DHING P.O. NIZ DHING, MOUZA- DHING, DIST. NAGAON, ASSAM PIN-782123 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DM (LR) DEPARTMENT,DISPUR, GUWAHATI-781006 2:THE DEPUTY COMMISSIONER NAGAON P.O. AND DIST. NAGAON ASSAM-782001. 3:THE ADDTIONAL DISTRICT COMMISSIONER (REVENUE) NAGAON ASSAM-782001. 4:THE CIRCLE OFFICER DHING REVENUE CIRCLE NAGAON BOKO DIST. KAMRUP-781136. 5:MAHARASHI PRATIM BORA S/O LATE DHANIRAM BORA VILL- NIZ DHING Page No.# 2/4 P.O. AND P.S. DHING DIST. NAGAON ASSAM PIN-782123 Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MRS J M KONWAR,MR J SINGH,MS M ZOMUANPUII,MS S JAIN Advocate for the Respondent : GA, ASSAM, SC, REVENUE Linked Case : WP(C)/4765/2025 TULESWAR BORA S/O LATE GIRISH CHANDRA BORA VILL- NIZ DHING P.O. NIZ DHING MOUZA- DHING DIST. NAGAON ASSAM PIN-782123 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DM (LR) DEPARTMENT DISPUR GUWAHATI-781006 2:THE DEPUTY COMMISSIONER NAGAON P.O. AND DIST. NAGAON ASSAM-782001. 3:THE ADDTIONAL DISTRICT COMMISSIONER (REVENUE) NAGAON ASSAM-782001. 4:THE CIRCLE OFFICER Page No.# 3/4 DHING REVENUE CIRCLE NAGAON BOKO DIST. KAMRUP-781136. 5:MAHARASHI PRATIM BORA S/O LATE DHANIRAM BORA VILL- NIZ DHING P.O. AND P.S. DHING DIST. NAGAON ASSAM PIN-782123. ------------ Advocate for : MR. B D KONWAR SR. ADV. Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.12.2025 Heard Ms. M Zomuanpuii, learned counsel for the applicant. This interlocutory application has been filed seeking amendment in the prayer of the writ petition being W.P(C) No. 4765/2025. The learned counsel for the applicant submits that by oversight, the effective prayers were not incorporated and therefore, this instant interlocutory application has been filed. It is submitted that the following prayers were required to be incorporated in the writ petition: “Added Prayer: “4. To set aside and quash the impugned order dated 01.08.2025 (Annexure- 13/Pg. No. 72-75) passed by the Director of Land Records & Surveys, Assam, Rupnagar, Guwahati, in Appeal No. 30/2023 whereby the selection and Page No.# 4/4 appointment of respondent No. 5 as Gaon Pradhan of the aforesaid Lat No. 3 of Niz Dhing village in Dhing Mouza under Dhing Revenue Circle, district Nagaon, Assam was upheld.” Altered Interim Prayer: “Pending the final disposal of this petition this Hon’ble Court may be graciously pleased to stay the operation of the impugned order dated 01.08.2025 9Annexure- 13/pg. No. 72-75) passed by the Director of Land Records & Surveys, Assam, Rupnagar, Guwahati, Appeal No. RR 3/2023, and may be pleased to stay the selection and appointment of the respondent No. 5 for the post of Gaon Pradhan of the said Lat No. 3 of Niz Dhing Village, Nagaon, Assam, and to stay all consequential steps arising therefrom in respect of the said post.” And And/or may pass such or further order as this Hon’ble Court may deed fit and proper.” The opposite parties are represented by Mr. J Handique, learned Standing Counsel appearing for Revenue Department and Ms. M Bhattacharjee, learned Addl. Senior Government Advocate appearing for the respondents No. 2, 3 & 4. None appears for the respondent No. 5 as notice in the writ petition has not been issued as yet. Considering the prayers made and also considering that no objection has been raised by the respondent counsel, this interlocutory application is allowed. The applicant is accordingly permitted to amend the prayer in the writ petition being W.P(C) No. 4765/2025. Accordingly, the interlocutory application stands allowed and disposed of. The applicant/petitioner will file amended cause title within two weeks from today before the Registry. JUDGE Comparing Assistant