Zaharul Islam Borbhuiya and 2 Ors v. The State of Assam and 2 Ors

ORDER Date : 18.12.2024

Heard Mr. A.R. Bhuyan, the learned counsel appearing on behalf of the petitioners. Mr. A. Bhattacharjee, the learned Standing Counsel appears on behalf of the respondent No. 1 and Ms. S. Baruah, the learned Government Advocate appears on behalf of the District Administration.

¶2The instant writ petition has been filed by the petitioners challenging the order dated 19.05.2023 issued by the Joint Secretary to the Government of Assam, Revenue and Disaster Management Department as well as the order dated 19.05.2023 passed by the Deputy Commissioner, Kamrup (M) whereby the settlement so made in favour of the father of the petitioners was cancelled.

¶3From the materials on record, it appears that the father of the petitioners is very much alive and there is no materials on record to show Page No.# 3/3 that the father after the settlement have transferred his title in respect to the land to the petitioners.

¶4During the course of the hearing Mr. A.R. Bhuyan, the learned counsel appearing on behalf of the petitioners submitted that the petitioners would be well advised to withdraw the instant writ petition without effecting the rights of the father of the petitioners to assail the impugned orders.

¶5Taking into account the above, the instant writ petition stands closed on withdrawal.

¶6However, liberty is given to the father of the petitioners to assail the impugned orders, if so advised.

¶7Interim order passed if any, stands vacated. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010119472023 ooooooo 2024:GAU-AS:12968 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3240/2023o ZAHARULoISLAMoBORBHUIYAoANDo2oORSo S/O-oKAMRULoISLAMoBORBHUYAN,o AoRESIDENToOFoDISPURoLAWoCOLLEGEoROAD,o P.OoANDoP.S-oDISPUR,oDIST-oKAMRUPo(M),oASSAM 2:oBAHARULoISLAMoBORBHUYAN oS/O-oKAMRULoISLAMoBORBHUYAN o AoRESIDENToOFoDISPURoLAWoCOLLEGEoROAD o P.OoANDoP.S-oDISPUR oDIST-oKAMRUPo(M) oASSAM 3:oFAKRULoISLAMoBORBHUYAN oS/O-oKAMRULoISLAMoBORBHUYAN o AoRESIDENToOFoDISPURoLAWoCOLLEGEoROAD o P.OoANDoP.S-oDISPUR oDIST-oKAMRUPo(M) oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o LANDoREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,oDISPUR,o GUWHATI-06 2:THEoDEPUTYoCOMMISSIONER oGUWAHATI oKAMRUP(M) Page No.# 2/3 ASSAM 3:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE KAMRUP(M) GUWAHATI ASSA For the Petitioner(s) : Mr. A.R. Bhuyan, Advocate For the Respondent(s) : Mr. A. Bhattacharjee, Standing Counsel Ms. S. Baruah, Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH