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2025 DAILYLAW 7502 (GAU)

RICHIE BORAH AND ANR v. THE STATE OF ASSAM AND 14 ORS.

WP(C)/1167/2025 · 2025-03-11

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010030652025 2025:GAU-AS:2619 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1167/2025 RICHIE BORAH AND ANR S/O- LATE DIRENDRA BORAH, R/O- H. NO. 35, B.R.B. ROAD, HAPPY VILLA, UZAN BAZAR, P.S- LATASHIL, P.O- SIULPUKHURI, GUWAHATI- 781003, KAMRUP (METRO), ASSAM 2: RAMEN BORAH S/O- LATE PADMARAM BORAH R/O- H. NO. 35 B.R.B. ROAD HAPPY VILLA UZAN BAZAR P.S- LATASHIL P.O- SIULPUKHURI GUWAHATI- 781003 KAMRUP (METRO) ASSA VERSUS THE STATE OF ASSAM AND 14 ORS. REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT AS WELL AS PUBLIC WORKS (BUILDING AND NH) DEPARTMENT 2:THE DEPUTY COMMISSIONER CUM COLLECTOR KAMRUP AMINGAON ASSAM 3:THE ADDITIONAL DEPUTY COMMISSIONER KAMRUP AMINGAON ASSAM Page No.# 2/6 4:THE CIRCLE OFFICER NORTH GUWAHATI REVENUE CIRCLE KAMRUP AMINGAON ASSAM 5:BASANTA CHOWDHURY S/O LATE JOYRAM R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 DIST- KAMRUP ASSAM 6:TAPODHAR CHOWDHURY S/O LATE JOYRAM R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 DIST- KAMRUP ASSAM 7:KUSUM CHOWDHURY LEGAL HEIR OF LATE MAMAN CHOWDHURY R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 DIST- KAMRUP ASSAM 8:HITESH CHOWDHURY LEGAL HEIR OF LATE MAMAN CHOWDHURY R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 DIST- KAMRUP ASSAM 9:JINTU CHOWDHURY LEGAL HEIR OF LATE MAMAN CHOWDHURY R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 Page No.# 3/6 DIST- KAMRUP ASSAM 10:PINKU CHOWDHURY LEGAL HEIR OF LATE MAMAN CHOWDHURY R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 DIST- KAMRUP ASSAM 11:GOLAPI CHOWDHURY LEGAL HEIR OF LATE DHANIRAM CHOWDHURY R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 DIST- KAMRUP ASSAM 12:RANTU CHOWDHURY LEGAL HEIR OF LATE DHANIRAM CHOWDHURY R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 DIST- KAMRUP ASSAM 13:ACHYUT CHOWDHURY LEGAL HEIR OF LATE DHANIRAM CHOWDHURY R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 DIST- KAMRUP ASSAM 14:PRAKASH CHOUDHURY LEGAL HEIR OF LATE DHANIRAM CHOWDHURY R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 DIST- KAMRUP ASSAM Page No.# 4/6 15:BASANTI CHOWDHURY LEGAL HEIR OF LATE DHANIRAM CHOWDHURY R/O RANGMAHAL P.O.-RANGMAHAL P.S.- CHANGSARI NORTH GUWAHATI-781030 DIST- KAMRUP ASSA Advocate for the Petitioner : MR R K MOUR, BEAUTY BARO,MS N BARUAH,MR P DAS Advocate for the Respondent : SC, PWD, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 12.03.2025 1. Heard Mr. R. K. Mour, learned counsel for the petitioners. Also heard Mr. N. Goswami, learned State counsel representing the State respondents. 2. The grievance of the petitioner is inaction of Circle Officer, North Guwahati Revenue Circle, Amingaon i.e. respondent No. 4 in not passing any order even after the dispute raised by the petitioner was finally heard on 07.12.2023 (Ugush No. 2023/5062). 3. In view of the aforesaid limited grievance, this Court has sought for instruction from the Circle Officer and accordingly, Mr. Goswami, learned State counsel has obtained an instruction. 4. Perused the same. 5. the Circle Officer, North Guwahati Revenue Circle, Amingaon has submitted a para-wise comment to the Additional Deputy Commissioner, Kamrup, Amingaon which was forwarded to the learned Junior Government Advocate, Assam and the Page No.# 5/6 said instruction deals with the merit of the case of the petitioner. 6. Admittedly, the matter was heard by the said Circle Officer on 07.12.2023 and he was to deliver his order and accordingly this Court asked to give status of the aforesaid case, however, it is unfortunate to note that instead of giving the status of the case, he has furnished his determination to the Additional Deputy Commissioner, Kamrup, Amingaon in the shape of a parawise comment. Either this Officer has not understood the purport of the order dated 03.03.2025 passed by this Court or he/she has some other reasons best known to him/her in not passing the aforesaid order since 07.12.2023 inasmuch as the para-wise comments itself reflects his/her decision on the issues raised by the petitioner and the private respondents. 7. That being the position, this Court unable to understand why this Officer is not passing the order when the matter was finally heard on 07.12.2023 and the parawise comment reflect his determination. 8. The State legislature in its wisdom enacted Assam Right to Public Service Act, 2012 with an object to provide for delivery of notified public services to the people of Assam within a stipulated time limit and the Circle Officer is a designated public servant to provide services. 9. At this stage, N. Goswami, learned State counsel submits that the Circle Officer, North Guwahati Circle Officer, Amingaon, shall pass the order within a period of 10 days from today. In view of such submission, this Court has restrained itself from commenting any further. 10. Be that as it may, the dispute raised by the petitioner in Ugush No. 2023/5062, be brought to a logical by the Circle Officer, North Guwahati Circle Officer, Amingaon, by passing an order within a period of 10 days from today. A copy of such order be furnished to the contesting parties. Page No.# 6/6 11. With the aforesaid direction, this writ petition stands disposed of. 12. A copy of the para-wise comment issued by the Circle Officer, North Guwahati Revenue Circle, Amingaon is kept on record and marked as document “X”. JUDGE Comparing Assistant