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2026 DAILYLAW 12547 (GAU)

BIRSON DAIMARY v. THE STATE OF ASSAM AND 7 ORS

WP(C)/2802/2026 · 2026-08-16

Kaushik Goswami

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010106192026 2026:GAU-AS:11694 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2802/2026 BIRSON DAIMARY SON OF SHRI DANDESWAR DAIMARY, RESIDENT OF VILLAGE KHAMAGURI, P.O. BORO BAZAR, DISTRICT- CHIRANG, ASSAM, PIN- 783390. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL SECRETARY, TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUT, GUWAHATI-6. 2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN-783370. 3:THE SECRETARY LAND RECORDS AND DISASTER MANAGEMENT DEPARTMENT BTC KOKRAJHAR-783370. 4:THE DIRECTOR LAND AND SURVEYS BTC KOKRAJHAR ASSAM PIN-783370 5:THE DISTRICT COMMISSIONER CHIRANG DISTRICT-CHIRANG Page No.# 2/3 ASSAM 6:THE CIRCLE OFFICER SIDLI REVENUE CIRCLE DISTRICT- CHIRANG BTC ASSAM 7:THE CIRCLE OFFICER MAZBAT REVENUE CIRCLE DISTRICT- UDALGURI BTC ASSAM 8:MITHISAR OWARY S/O SRI PARSURAM OWARY R/O VILLAGE- BASHBARI P.O. AND P.S RUNIKHATA DISTRICT - CHIRANG BTC ASSAM PIN- 783375 Advocate for the Petitioner : MR R DHAR, J DAS Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,G L BORA,MR. K SINGHA,SC, REVENUE,SC, BTC BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 17.08.2026 Heard Ms. J. Das, learned counsel appearing for the petitioner. Also heard Mr. A. Atreya, learned Standing Counsel appearing for the BTC; Mr. K. Singha, learned counsel appearing for the respondent No. 8; Mr. J. Handique, learned Standing Counsel appearing for the Revenue & Disaster Management Department and Ms. D. D. Barman, learned Government Advocate appearing for the respondent Nos. 5, 6 and 7. Page No.# 3/3 By way of this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the impugned transfer order dated 19.05.2026, whereby he was transferred from his place of posting at Sidli Revenue Circle to Mazbat Revenue Circle. Pending adjudication of the writ petition, when the matter is taken up today, Mr. A. Atreya, learned Standing Counsel appearing for the BTC, on the basis of the instruction dated 30.07.2026 received in the Office of the Senior Standing Counsel, BTC, submits that the earlier transfer order dated 19.05.2026 has subsequently been modified by order dated 16.07.2026. By the said modified order, the petitioner, who had not been relieved from his original place of posting, has been permitted to continue at Sidli Revenue Circle against the vacant post arising out of the transfer of Rajendra Wary, L.M., in terms of the approval accorded by the BTC on 09.07.2026. In view of the subsequent modification of the impugned transfer order and the petitioner having been permitted to continue at his original place of posting at Sidli Revenue Circle, nothing further survives for adjudication in the present writ petition. Accordingly, the writ petition stands dismissed as having become infructuous. The instruction dated 30.07.2026, produced before this Court by Mr. A. Atreya, learned Standing Counsel for the BTC, is kept on record and marked as ‘X’. JUDGE Comparing Assistant