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2025 DAILYLAW 9520 (GAU)

MD. RAHEN ALI v. THE STATE OF ASSAM AND 3 ORS

WP(C)/1620/2025 · 2025-03-27

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010059072025 2025:GAU-AS:3714 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1620/2025 MD. RAHEN ALI S/O- LATE SAKENDAR ALI, VILL- NATUN BAKURPARA, P.S. AND P.O. GOALPARA, DIST.- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE DIRECTOR OF REVENUE, ASSAM, DISPUR, GUWAHATI- 06. 2:THE DISTRICT COMMISSIONER GOALPARA ASSAM 3:THE SETTLEMENT OFFICER GOALPARA DIST. GOALPARA ASSAM 4:THE ASST. SETTLEMENT OFFICER BALIJANA REVENUE CIRCLE DIST. GOALPARA ASSA Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY Page No.# 2/4 ORDER Date : 28.03.2025 Heard Mr. F.Z. Mazumder, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department, for the respondent no. 1; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4. 2. The case of the petitioner, in brief, is that he purchased a plot of land measuring 2 Kathas & 16 Lessas, covered by Dag no. 176/63 & Patta no. 36/30, situate at revenue Village – Hasila Beel, Balijana Revenue Circle, District - Goalpara on 18.11.2009 by executing a registered sale deed. After purchase, the petitioner submitted an application before jurisdictional Assistant Settlement Officer for demarcation of the subject-plot and the Assistant Settlement Officer on receipt of the application, registered a case, Misc. Case no. 245/2019. Though the said application was, thereafter, processed to some extent, the application was not disposed of by the concerned authority. 3. Aggrieved thereby, the petitioner approached this Court by way of a writ petition, W.P. [C.] no. 1451/2023. When the writ petition came up for consideration on 03.05.2023, it was submitted on behalf of the official respondents that the petitioner could withdraw the Misc. Case no. 245/2019 and file a fresh application for demarcation of the subject-plot before the Circle Officer cum Assistant Settlement Officer, Balijana Revenue Circle, District – Goalpara [the respondent no. 4] As agreed to by the learned counsel for the parties, the writ petition, W.P.[C.] no. 1451/2023 was disposed of, by an Order dated 03.05.2023, by giving liberty to the petitioner to withdraw Misc. Case no. 245/2019, provided the same was not finalized or decided till then, and thereafter, to file a fresh application for demarcation of the subject-plot. It was further directed to the concerned Circle Officer cum Assistant Settlement Officer, Balijana Revenue Circle, District - Goalpara to take a decision on the same in terms of Assam Right to Public Services Act, 2012 and the Office Memorandum dated 21.12.2020 issued by the Revenue & Disaster Management Department, Government of Assam within a period of one month from the date of receipt of certified copy of the Order dated 03.05.2023. Page No.# 3/4 4. It is the further case of the petitioner that on 10.11.2023, the petitioner had submitted an application for demarcation of the subject-plot before the Circle Officer cum Assistant Settlement Officer, Balijana Revenue Circle, District - Goalpara. 5. As process of demarcation of the subject-plot, as sought for by the application dated 10.11.2023, has not yet been brought to a logical conclusion, the petitioner is again before this Court, by the instant writ petition. 6. Ms. Barman, learned Junior Government Advocate, Assam was requested to obtain instruction on 24.03.2025 as regards the application for demarcation, stated to have been submitted by the petitioner before the Circle Officer cum Assistant Settlement Officer, Balijana Revenue Circle, District - Goalpara. 7. Ms. Barman has submitted today, on instruction, that the application submitted by the petitioner for demarcation of the subject-plot is pending as on date and is being processed. Ms. Barman has submitted, on instruction, that the process of demarcation would be brought to its logical conclusion within a reasonable time period, preferably, within a period of one month. 8. As the application for demarcation of the subject-plot submitted by the petitioner is pending as on date and is being processed, this Court is of the considered view that instead of keeping this writ petition pending, the said can be disposed of with a direction to the Circle Officer cum Assistant Settlement Officer, Balijana Revenue Circle, District - Goalpara [the respondent no. 4] to bring the matter of demarcation of the subject-plot as expeditiously as possible and within an outer limit of one month from the date submission of a copy of this order by the petitioner before him. It is accordingly ordered. 9. The writ petition is disposed of with the aforesaid terms. No Cost. JUDGE Page No.# 4/4 Comparing Assistant