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2026 DAILYLAW 5406 (GAU)

SRI MITHISAR OWARY v. THE STATE OF ASSAM AND ORS

WP(C)/1228/2026 · 2026-05-03

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010042302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1228/2026 SRI MITHISAR OWARY S/O- SRI PARSURAM OWARY, R/O - VILLAGE - BASHBARI,P.O.- RUNIKHATA, P.S.- RUNIKHATA, DISTRICT- CHIRANG BTC, ASSAM-783375 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DM DEPARTMENT. DISPUR, GUWAHATI-781006. 2:THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM- 783370 3:THE SECRETARY L.R. AND D.M. DEPARTMENT BTC KOKRAJHAR ASSAM-783370. 4:THE DIRECTOR LAND AND SURVEYS BTC KOKRAJHAR ASSAM-783370. 5:THE DISTRICT COMMISSIONER CHIRANG Page No.# 2/4 ASSAM. 6:THE CIRCLE OFFICER SIDLI REVENUE CIRCLE CHIRANG ASSAM 7:THE CIRCLE OFFICER MAZBAT REVENUE CIRCLE CHIRANG ASSAM 8:SRI BIRSON DAIMARY S/O- SRI DANDESWAR DAIMARY R/O- VILL. KHAMAGURI P.O. - BORO BAZAR DISTRICT - CHIRANG ASSAM- 783390. OFFICE ADDRESS- OFFICE OF THE CIRCLE OFFICER SIDLI REVENUE CIRCLE CHIRANG ASSAM- 783373 9:SRI NEWTON NARZARY LAT MANDAL OFFICE OF THE CIRCLE OFFICER MAZBAT REVENUE CIRCLE CHIRANG ASSAM- 78450 Advocate for the Petitioner : MR. K SINGHA, M DEVI,W AKHTAR,G L BORA Advocate for the Respondent : GA, ASSAM, SC, BTC,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 04.05. 2026 Heard Mr. K. Singha, learned counsel for the petitioner, also heard Ms. N. Page No.# 3/4 Choudhury, learned Standing Counsel, BTC, Mr. A. Chakrabarty, learned Government Advocate for the State and Mr. S. Dutta, learned Standing Counsel for the Revenue. 2. On Instructions, the learned Standing Counsel for the BTC has informed the Court that vide communication dated 02.05.2026, the transfer approval order vide no. BTC/LR-129/2011/121 dated 23.02.2026 which is referred to in the impugned transfer order dated 24.02.2026 has been cancelled. It is submitted that since the approval order has been cancelled, the subsequent transfer order will have no effect on the petitioner. 3. In view of the submissions made by the learned Standing Counsel, BTC that the approval for transfer order vide communication no. BTC/LR-129/2011/121 dated 23.02.2026 have been cancelled, it necessarily follows that the impugned order dated 24.02.2026 will have no effect in so far as the writ petitioner is concerned. 4. The BTC authorities will takes steps to ensure that the petitioner is permitted to be reverted back or retained at his earlier place of posting prior to issuance of the order dated 24.02.2026. 5. This writ petition accordingly disposed of in terms of the above. 6. Copy of the communication placed before the Court by the learned Standing Counsel, BTC is kept in the case record. 7. Interim order(s), if any, stands vacated. 8. Pending IAs, if any, stands dismissed. JUDGE Page No.# 4/4 Comparing Assistant