High CourtsSingle Bench(2021) 07 GAU CK 0028

Lakhimai Dihingia vs State Of Assam And Ors

Gauhati High Court · Decided on 8 July 2021

HON’BLE JUDGES
Prasanta Kumar Deka, J
CASE NUMBER
Writ Petition (Civil) No. 3239 Of 2021

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Judgment

16 paragraphs · 339 words

Heard Mr. D Sarmah, learned counsel for the petitioner. Also heard Mr. R Borpujari, learned standing counsel for Revenue Department respondent

No. 1 and Mr. G Pegu, learned State counsel for the respondent Nos. 3,4 and 5.

The land of the petitioner is situated on the northern side of the land allotted to Ghilamara Sports Association in Lakhimpur District. The petitioner is

aggrieved because of a purported move on the part of the respondent No. 2 alleging that after demarcation of her land and raising of boundary wall by

the said respondent No. 2 there is a move again by the said respondent No. 2 along with respondent No. 4 for demarcation of the boundary wall

constructed by the said PWD department with a further intent to demarcate the land allotted to Ghilamara Sports Association, Lakhimpur. From the

contents of the writ petition it is also observed that the land allotted to the Ghilamara Sports Association, Lakhimpur originally belonged to the old Dag

No. 48 wherefrom subsequently various dags were created after allotment/ settlement of land to various private parties including the present

petitioner. As it is alleged that already the land of the petitioner was demarcated as such Mr. Pegu shall take necessary instruction as to under what

circumstances further demarcation is required once the land of the petitioner had already been demarcated and raising thereafter the boundary wall.

An extra copy of the writ petition shall be served on Mr. Pegu to take necessary instruction.

List on 26.07.2021.

Till the next date, status quo in respect of the possession of the land of the petitioner shall be maintained by the parties.

Mr. Borpujari raised the preliminary objection in respect of non-joinder of necessary party inasmuch as the Ghilamara Sports Association, Lakhimpur

has not been impleaded as the respondent. From the contents of the writ petition, I am satisfied with the submission made by Mr. Borpujari and

accordingly direct the learned counsel for the petitioner to take step for impleadment of Ghilamara Sports Association, Lakhimpur as the respondent.