PUB DERGAON KRISHNARAM ADARSHA HIGH SCHOOL v. THE STATE OF ASSAM AND 12 ORS
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE SUMAN SHYAM
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-17. PUB DERGAON KRISHNARAM ADARSHA HIGH SCHOOL v. THE STATE OF ASSAM AND 12 ORS. Read the judgment and case...
Judgment text
Page No. # 1/4 GAHC010170982020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5138/2020 PUB DERGAON KRISHNARAM ADARSHA HIGH SCHOOL FETAGAON, REP. BY ITS HEADMASTER, VILL- FETAGAON, P. O. DERGAON, DST. - GOLAGHAT, ASSAM, PIN- 785614 VERSUS THE STATE OF ASSAM AND 12 ORS THROUGH THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE REFORM AND DISASTER MANAGEMENT DEPTT. , DISPUR, GHY-6 2:THE DY. COMMISSIONER GOLAGHAT P. O. AND P. S. GOLAGHAT DIST. - GOLAGHAT ASSAM 3:THE CIRCLE OFFICER DERGAON REVENUE CIRCLE P. O. AND P. S. - DERGAON DIST. - GOLAGHAT ASSAM 4:THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPTT. DISPUR GHY-6 5:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 Page No. # 2/4 6:THE INSPECTOR OF SCHOOLS GOLAGHAT DISTRICT CIRCLE GOLAGHAT P. O. P. S. AND DIST. - GOLAGHAT ASSAM 7:THE SUPERINTENDENT OF POLICE GOLAGHAT P. O. AND P. S. GOLAGHAT DIST. - GOLAGHAT ASSAM 8:THE OFFICER-IN-CHARGE DERGAON P. S.
P. O. AND P. S. DERGAON DIST. - GOLAGHAT ASSAM 9:PONA BORA @ PONA KALITA S/O- LT. MOINA BORA @ MOINA KALITA VILL AND P. O. FETAGAON P. S. DERGAON DIST. - GOOLAGHAT ASSAM PIN- 785614 10:SARULORA BORA @ SARULORA KALITA S/O- LT. MOINA BORA @ MOINA KALITA VILL AND P. O. FETAGAON P. S. DERGAON DIST. - GOOLAGHAT ASSAM PIN- 785614 11:KUSHAL BORA S/O- LT. MOINA BORA @ MOINA KALITA VILL AND P. O. FETAGAON P. S. DERGAON DIST. - GOOLAGHAT ASSAM PIN- 785614 12:BABUL BORA S/O- LT. INDESWAR BORA VILL AND P. O. FETAGAON P. S. DERGAON DIST. - GOOLAGHAT Page No. # 3/4 ASSAM PIN- 785614 13:RATUL BORA S/O- LT. INDESWAR BORA VILL AND P. O. FETAGAON P. S. DERGAON DIST. - GOOLAGHAT ASSAM PIN- 78561 Advocate for the Petitioner : MR. I H SAIKIA Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 17-12-2020 Heard Mr. I. H. Saikia, learned counsel for the writ petitioner. The writ petitioner is a High School located at Fategaon in the district of Golaghat.
The school is running over a land provided by the donor, viz. Kolai Bora. Alleging that the respondent Nos. 9 to 12 being the heirs of the donor have illegally trespassed into a portion of the land and erected bamboo fencing thereby locked the path to the toilet, the present petition has been filed inter-alia contending that although the Head Master had informed the authorities about the encroachment of land, no action has been taken in the matter till today. Mr. Saikia submits that his client is seeking demarcation of the land through the intervention of the Circle Officer. Ms. K. Phukan, learned Govt. Advocate has obtained the written instruction from the Page No. # 4/4 Circle Officer, Dergaon Revenue Circle, i. e. the respondent No. 3. A perusal of the written instruction dated 16-12-2020 prima facie indicates that the petitioner is not in possession of the entire land, which was originally mutated in its name.
Although this Court is of the opinion that the matter actually pertains to a civil dispute concerning a plot of land, yet, since the petitioner is merely seeking demarcation of the land, I am of the view that this writ petition can be disposed of at the stage of motion hearing by granting leave to the petitioner to make a proper application before the respondent No. 3 praying for demarcation of the land. Ordered accordingly. If such an application is filed within 03 weeks from today accompanied by a certified copy of this order, the matter may be looked into and appropriate action, as may be permissible under the law, be taken by the respondent No. 3 after verifying the documents connected with the land. The said exercise be carried out and completed as expeditiously as possible, preferably within a period of 60 (sixty) days from the date of receipt of a certified copy of this order. Writ petition stands disposed of accordingly. JUDGE GS Comparing Assistant
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