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Gauhati High Court

Page No.# 1/2 vs The State Of Assam And 3 Ors on 15 March, 2023

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                    Page No.# 1/2

GAHC010047222023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/1219/2023

            SUBHAS PATWARY AND ANR.
            S/O LT. KRISHNALAL PATWARY R/O KACHARI BASTI GMC ROAD P.O. AND
            P.S DISPUR GANESHGURI GUWAHATI 6

            2: MAHABIR PATWARY
             S/O LT. MOHAN PATWARY R/O KACHARI BASTI GMC ROAD P.O. AND P.S
            DISPUR GANESHGURI GUWAHATI

            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
            REVENUE AND DM DEPTT. SETTLEMENT BRANCH DISPUR GUWAHATI 6

            2:THE DEPUTY COMMISSIONER
             KAMRUP (M)
             GUWAHAT ASSAM

            3:THE CIRCLE OFFICER

             DISPUR REVENUE CIRCLE KAMRUP (METRO) ASSAM

            4:DISPUR COLLEGE
             REP. BY ITS PRINCIPAL GANESHGURI GUWAHATI KAMRUP (M

Advocate for the Petitioner   : MR G KHANDELIA

Advocate for the Respondent : GA, ASSAM
                                                                                  Page No.# 2/2


                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

15.03.2023 Mr. D. Das, learned senior counsel assisted by Mr. G. Khandelia, learned counsel for the petitioners; Mr. A. Bhattacharya, learned Standing Counsel, Revenue Department for the respondent no. 1; Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3; and Mr. D. Choudhury, learned counsel for the respondent no. 4 are present.

Mr. Choudhury, learned counsel has submitted that he has entered appearance for the respondent no. 4 today and he needs two weeks time to file counter affidavit on behalf of the respondent no. 4.

The petitioner has alleged unauthorized and illegal action on the part of the respondent no. 4 in blocking the entrance of the petitioners' Myadi Patta land, covered by Dag no. 19 [old]/134 & 138 [new], as a result of which the said plot of land of the petitioners have become landlocked. On the contrary, Mr. Choudhury, learned counsel for the respondent no. 4 has submitted that the plot of land belonging to the petitioners has not become landlocked.

To have a clear picture on the matter, Mr. Handique, learned Junior Government Advocate, Assam shall obtain a report from the respondent no. 3 as regards the existence of entry and exit for the petitioners to enter the plot of land covered by Dag no. 19 [old]/134 & 138 [new] and whether the land has become landlocked.

List the case on 29.03.2023.

JUDGE Comparing Assistant