Nitesh Beria v. The State of Assam and 6 Ors

ORDER Date : 03-10-2024 Heard Mr. D. Chakrabarty, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. D. Saikia, the learned Advocate General assisted by Mr. R. Borpujari, the learned standing counsel appearing on behalf of the State of Assam.

¶2Mr. D. Saikia, the learned Advocate General submitted that the State after making deliberations would like to withdraw the order dated

23.08.2024 which has been impugned in the instant proceedings. Mr. D. Saikia, the learned Advocate General however submitted that the withdrawal of the said order should not prejudice the State to take appropriate action as per law.

¶3Taking into account that the order dated 23.08.2024 is being withdrawn and in that regard the statement has been made by Mr. D. Saikia, the learned Advocate General, nothing further survives in the Page No.# 3/3 instant writ petition. Accordingly, the writ petition stands disposed of with the observation that the impugned order dated 23.08.2024 stands withdrawn and consequently would not effect the rights of the petitioner over his allotment/settlement.

¶4This Court clarifies that the above observation as well as the withdrawal of the impugned order dated 23.08.2024 shall not affect the rights of the State to take such action as otherwise permissible under law.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010179862024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4466/2024o NITESHoBERIAo SONoOFoSRIoNIRMALoKUMARoBERIA,oRESIDENToOFoHANUMANoBHAWAN,o AToROAD,oDIBRUGARHoWEST,oDISTRICT-oDIBRUGARH,oASSAM,oPIN-o 786001 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENTo(S)o DEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENTo oDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoJOINToSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENTo(SoANDoS)oDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoDISTRICT/oDEPUTYoCOMMISSIONER oDIBRUGARH oASSAM 5:THEoADDITIONALoDISTRICToCOMMISSIONERo(REV) oDIBRUGARH oASSAM 6:THEoCIRCLEoOFFICER Page No.# 2/3 DIBRUGARH WEST REVENUE CIRCLE DISTRICT- DIBRUGARH ASSAM 7:THE SUB-DIVISIONAL LAND ADVISORY COMMITTEE (SDLAC) DIBRUGARH HEADED BY THE DISTRICT COMMISSIONER DIBRUGAR For the Petitioner(s) : Mr. D. Chakrabarty, Advocate For the Respondent(s) : Mr. D. Saikia, Advocate General Mr. R. Barpujari, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH