Page No.# 1/5 GAHC010046622025 2025:GAU-AS:2700 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1229/2025 SRI ASHOK KUMAR RAY SON OF LATE RAM PRASAD RAI, FLAT NO.-3A (BLOCK-B), 3rD FLOOR, RAMINDRI RESIDENCY, MUKHYA PATH(MAIN ROAD),TARUN NAGAR, KAMRUP(METRO),GUWAHATI- 78 1005. VERSUS THE STATE OF ASSAM, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DEPUTY COMMISSIONER KAMRUP(METRO) HENGRABARI GUWAHATI-6 3:THE ADDL. DEPUTY COMMISSIONER KAMRUP(METRO) HENGRABARI GUWAHATI-6. 4:THE COMMISSIONER OF POLICE KAMRUP(METRO) GUWAHATI-781001 5:THE OFFICER-IN-CHARGE PALTAN BAZAR POLICE STATION PALTAN BAZAR GUWAHATI-7. 6:SMTI RAJ KUMARI RAIDAS WIFE OF TAPAN RABIDAS Page No.# 2/5 RESIDENT OF BHABAIPUR NOONMATI. GUWAHATI-781020. 7:SMTI ARATI RABIDAS WIFE OF LATE HARILAL RABIDAS RESIDENT OF TARUN NAGAR DISPUR GUWAHATI -781005 8:SHRI MAHINDRA RABIDAS SON OF LATE RAM NARESH RABIDAS RESIDENT OF ANAND NAGAR NORTH HARIJAN COLONY GUWAHATI -781030 9:GANESH RABIDAS SON OF LATE RAM NARESH RABIDAS RESIDENT OF ANAND NAGAR NORTH HAR'TJAN COLONY GUWAHATI -781030 10:RAJEN RABIDAS SON OF LATE BISHNU RABIDAS RESIDENT OF DHIRENPARA NEAR TILA GUWAHATI-781022 11:ROBIN RABIDAS SON OF LATE BISHNU RABIDAS RESIDENT OF DHIRENPARA NEAR TILA GUWAHATI-781022 12:BHAKAT RABIDAS SON OF LATE CHIRKUT RABIDAS RESIDENT OF TARUN NAGAR DISPUR Page No.# 3/5 GUWAHATI -781005 13:SRI PURU KRISHNAN @ MADHU KRISHNAN SON OF LATE LAKHMAN KRISHNAN RESIDENT OF ULUBARI LACHIT NAGAR OPPOSITE G.L.PUBLICATION G.S.ROAD GUWAHATI-781007 14:MISS NEMY KRISHNAN DAUGHTER OF LATE LAKSHMAN KRISHNAN RESIDENT OF ULUBARI LACHIT NAGAR OPPOSITE G.L.PUBLICATION G.S.ROAD GUWAHATI-781007 15:DEBENDRA RAI SON OF LATE SUKDEO RAI FLAT NO.-2H(BLOCK-A) RAMINDRI RESIDENCY MUKHYA PATH(MAIN ROAD) TARUN NAGAR KAMRUP(METRO) GUWAHATI- 78 1005 16:SHRI MAHINDRA RAI SON OF LATE RAMDEV RAI BIRUBARI GUWAHATI -78101 Advocate for the Petitioner : MR. S SINGH, MR. W HAQUE,S CHOUDHURY,MR. A SATTAR Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 4/5 BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 13.03.2025 1. Heard Mr. A Sattar, learned counsel for the petitioner. Also heard Mr. N Goswami, learned State counsel representing the respondent Nos. 2 to 5 and Ms. G Hazarika, learned Government Advocate appearing for the respondent No. 1. 2. This court under its order dated 30.01.2017 passed in WP(C) 6715/2010, after setting aside and quashing an order of Assam Board of Revenue dated 18.06.2010, passed in Case No. 224 RA(K)/1986, referred the dispute between the petitioner and the respondent Nos. 13 to 16 to the Deputy Commissioner, Kamrup (M) to take a fresh decision. 3. Amongst other grounds, one of the grounds taken in this writ petition is that even after the said order was brought to the notice of the Deputy Commissioner, the Deputy Commissioner has not yet issued notices to the respondent Nos. 13 to 16. 4. Mr. Sattar further contends that the notices were not properly issued and therefore he filed a representation in this regard, same is also being kept pending. 5. In the aforesaid backdrop, this court under its order dated 05.03.2025 asked the Deputy Commissioner to furnish a status of such representation. 6. Though time for two weeks was sought to complete the instruction in terms of this court’s earlier order dated 05.03.2025, however, this court under its order dated 12.03.2025 refused to grant such time and accordingly fixed the matter today. 7. When the matter is called, the learned State counsel Mr. Goswami has produced an instruction containing a bunch of papers, which goes to show that the petitioner filed an application on 10.03.2025, inter-alia, contending that as the inclusion of names as per notice dated 21.11.2017 is seized by this court, it will be appropriate in the interest of justice to keep the proceeding of the case (KRC (M)- 518/2024) in abeyance till such time further direction is given by this court. 8. Therefore, in the aforesaid context, this court cannot find fault with the Page No.# 5/5 concerned officer. Accordingly, this writ petition is closed. It is needless to say that the determination be made as per direction of this court’s order dated 30.01.2017 passed in WP(C) 6715/2010. As the petitioner has raised an issue as regards proper service of notice, in his representation dated 07.02.2025, the concerned Additional Deputy Commissioner shall also consider the same. 9. With the aforesaid observation, this writ petition stands closed. JUDGE Comparing Assistant