Page No.# 1/4 GAHC010039222025 2025:GAU-AS:2146 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1111/2025 SUNANDA BADYAKAR S/O LATE SITANATH BADYAKAR, RESIDENT OF NEAR SPECTRUM HONDA SHOW ROOM, TARUN RAM PHUKAN PATH, CHIRING CHAPORI, DIST- DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR-781006, GUWAHATI, ASSAM 2:THE DISTRICT COMMISSIONER DIBRUGARH DISTRICT- DIBRUGARH ASSAM PIN-786001 3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE) DIBRUGARH ASSAM PIN-786001 4:THE CIRCLE OFFICER DIBRUGARH EAST REVENUE CIRCLE DIBRUGARH ASSAM PIN-786003 5:THE AMOLAPATTY KABARSTHAN COMMITTEE REPRESENTED BY THE PRESIDENT P.O. AND P.S. - DIBRUGARH Page No.# 2/4 DIST- DIBRUGARH ASSAM PIN-786003 6:THE SECRETARY AMOLAPATTY KABARSTHAN COMMITTEE P.O. AND P.S.- DIBRUGARH DIST- DIBRUGARH ASSAM PIN-78600 Advocate for the Petitioner : MR. R K TALUKDAR, MS TINLUNG,SRI M. SARMA Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 03.03.2025 1. Heard Mr. RK Talukdar, learned counsel for the petitioner. Also heard Mr. J Handique, learned State counsel for the respondent Nos. 2,3 and 4 and Ms. T Hazarika, learned Govt. Advocate for the respondent No. 1. 2. The petitioner is aggrieved by inaction on the part of the Circle Officer i.e. respondent No. 4 in not acting in terms of the order dated 12.05.2023 passed by the Additional Deputy Commissioner (Revenue), Dibrugarh. 3. The aforesaid order dated 12.05.2023 is quoted hereinbelow: “Case record put up today. Both the parties with Circle Officer (A), Dibrugarh East Revenue Circle and concerned Lot Mandal attended the hearing. As in both the previous hearings, no representative of amolapaty Kabarsthan Committee attended, hence today was fixed for re-hearing in the presence of concerned Circle Officer and Lot Mandal. Today was fixed for the hearing on the application filed by Sri Sunanda Badyakar, S/O Sitanath Badyakar, R/O near Spectrum Honda Show Room, Page No.# 3/4 Chiring Chaproi, T.R. Phukan road, Dibrugarh. Sri Badyakar was complaining that a plot of land measuring) 0B-1K-0Ls covered by Dag No. 15 of Patta No. 87 situated at extended Tekela Chiring gaon under Dibrugarh Mouza which was purchased by him was not demarcated due to objection raised by the Amolapatty Kabarsthan Committee and he is also not able to possess the land. After hearing the arguments of both the parties and concerned officials, it was observed that as per record, Sri Sunanda Badyakar is the rightful owner of the aforesaid plot which was purchased. Hence, no objection can be raised against the land. The representative of Amolapatty Kabarsthan Committee agreed for amicable settlement and requested to provide the relevant documents to Masjid Committee which was acknowledged by the applicant. The concerned Lot Mandal was directed to demarcate the land again in the presence of both the parties and Circle Officer (A), Dibrugarh East Rev. Circle was advised to minotor the matter. Further, Masjid Committee was also requested to adhere the decision. The complaint petition is disposed of.” 4. While the matter was listed, this court sought instruction through Mr. Handique, learned standing counsel representing the revenue department as to the present status of implementation of order dated 12.05.2023. 5. Mr. Handique on instruction submits that the Circle Officer will act and do the needful in terms of order dated 12.05.2023 within a period of two weeks from today. 6. In the aforesaid backdrop, Mr. Talukdar, learned counsel for the petitioner submits that this matter may be disposed of directing the respondent No. 4 to do the needful in terms of order dated 12.05.2023 passed by the learned Additional Deputy Commissioner (Revenue), Dibrugarh. 7. In view of the aforesaid consensus and taking note of the order dated Page No.# 4/4 12.05.2023, the present writ petition is disposed of directing the respondent No. 4 to implement the order dated 12.05.2023 after hearing the petitioner as well as respondent Nos. 5 and 6. The entire exercise should be carried out within a period of two weeks from the date of receipt of certified copy to be furnished by the petitioner before the aforesaid respondent No. 4. This disposes the writ petition. It is clarified that this order is not to be treated as a comment on the merit of the order dated 12.05.2023 (supra). JUDGE Comparing Assistant