DISTRICT: KAMRUP (M)

IN THE GAUHATI HIGH COURT

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

(CIVIL EXTRA ORDINARY JURISDICTION)

I.A. (C) No. ………………/2024

IN
W.P. (C) No. 4040/2024

To,

The Hon’ble Mr. Justice Vijay Bishnoi, the Chief

Justice of the Hon’ble Gauhati High Court and His
Lordship’s other companion Justices of the said
Hon’ble Court.

IN THE MATTER OF:

An application filed by the
Applicants/Writ Petitioners
praying for withdrawal of the
W. P. (C) No. 4040/2011.

-A N D-

IN THE MATTER OF:

W.P. (C) No. 4040 of 2011
1. SRI DWIJENDRA MOHAN
GOSWAMI, Son of Late
Ananda Mohan Goswami
Resident of Journalist Colony,
 P.O.- Kahilipara, P.S. –
Dispur, Guwahati-6, District-
Kamrup, Assam.

2. SRI DIBAKAR MOHAN

GOSWAMI, Son of Late
Ananda Mohan Goswami
Resident of Jatia, P.O.-
Kahilipara, P.S.-Dispur,
Guwahati-781006, District-
Kamrup, Assam.

3. SRI JITENDRA MOHAN

GOSWAMI, Son of Late
Khagendra Mohan Goswami
Resident of Kalipur, P.O.-
Bharalumukh, P.S.- Jalukbari,
Guwahati, District-Kamrup,
Assam.

4. SMT. USHA GOSWAMI,

wife of Late Sudhanshu
Mohan Goswami, resident of
Rukminigaon, P.O. & P.S.-
Dispur, Guwahati-781006,
District- Kamrup, Assam.

5. SMT. ARUNDHATI
GOSWAMI, daughter of
Late Sudhanshu Mohan
 Goswami, resident of
Rukminigaon, P.O. & P.S.-
Dispur, Guwahati-781006,
District- Kamrup, Assam.

6. SMT. HIMADRI
GOSWAMI, daughter of
Late Sudhanshu Mohan
Goswami, resident of
Rukminigaon, P.O. & P.S.-
Dispur, Guwahati-781006,
District- Kamrup, Assam.

7. SMT. NABANITA
GOSWAMI, daughter of
Late Sudhanshu Mohan
Goswami, resident of
Rukminigaon, P.O. & P.S.-
Dispur, Guwahati-781006,
District- Kamrup, Assam.

8. SMT. NIRODA GOSWAMI,

wife of Late Sailendra Mohan
Goswami, resident of village
Boratoli, P.O. & P.S.-
Palashbari, District-Kamrup,
Assam.

9. SRI BEDANTA GOSWAMI,

Son of Late Sailendra Mohan
 Goswami, resident of village
Boratoli, P.O. & P.S.-
Palashbari, District-Kamrup,
Assam.

10. SMT. RANJITA GOSWAMI,

Daughter of Late Sailendra
Mohan Goswami, resident of
village Boratoli, P.O. & P.S.-
Palashbari, District-Kamrup,
Assam.

….. WRIT PETITIONERS

-VERSUS-

1. THE STATE OF ASSAM,

Represented by the
Commissioner & Secretary,
Revenue and Land Reforms
Department, Govt. of Assam,
Dispur, Guwahati-781006,
District-Kamrup, Assam.

2. THE ASSISTANT
SETTLEMENT OFFICER,
Guwahati, District-Kamrup,
Assam.
3. THE DEPUTY
COMMISSIONER, District-
Kamrup, Assam.

4. THE ADDITIONAL
DEPUTY COMMISSIONER,
Kamrup, Assam.

5. THE CIRCLE OFFICER,

Palashbari Revenue Circle,
Mirza, District- Kamrup,
Assam.

6. THE LAT MANDAL,

Palashbari Revenue Circle,
Mirza, District- Kamrup,
Assam.

7. THE SENIOR SUB-

REGISTRAR, Kamrup Sub-
Registry at Guwahati, Assam.

8. SRI KUSHAL DAS, son of

Late Basanta Das, resident of
village Sontola Gaon, P.O. &
P.S.- Palashbari, District-
Kamrup, Assam.

9. SRI MRINAL DAS, son of

Late Basanta Das, resident of
village Sontola Gaon, P.O. &
 P.S.- Palashbari, District-
Kamrup, Assam.

10. SRI SUBASH DAS, son of

Late Basanta Das, resident of
village Sontola Gaon, P.O. &
P.S.- Palashbari, District-
Kamrup, Assam.

….RESPONDENTS

-AND-

IN THE MATTER OF:

1. SRI DWIJENDRA MOHAN
GOSWAMI, son of Late
Ananda Mohan Goswami
Resident of Journalist Colony,
P.O.- Kahilipara, P.S. –
Dispur, Guwahati-6, District-
Kamrup, Assam.

2. SRI DIBAKAR MOHAN

GOSWAMI, son of Late
Ananda Mohan Goswami
Resident of Jatia, P.O.-
Kahilipara, P.S.-Dispur,
Guwahati-6, District-Kamrup,
Assam.
3. SRI JITENDRA MOHAN
GOSWAMI, Son of Late
Khagendra Mohan Goswami
Resident of Kalipur, P.O.-
Bharalumukh, P.S.- Jalukbari,
Guwahati, District-Kamrup,
Assam.

4. SMT. USHA GOSWAMI,

wife of Late Sudhanshu
Mohan Goswami, resident of
Rukminigaon, P.O. & P.S.-
Dispur, Guwahati-781006,
District- Kamrup, Assam.

5. SMT. ARUNDHATI
GOSWAMI, daughter of
Late Sudhanshu Mohan
Goswami, resident of
Rukminigaon, P.O. & P.S.-
Dispur, Guwahati-781006,
District- Kamrup, Assam.

6. SMT. HIMADRI
GOSWAMI, daughter of
Late Sudhanshu Mohan
Goswami, resident of
Rukminigaon, P.O. & P.S.-
 Dispur, Guwahati-781006,
District- Kamrup, Assam.

7. SMT. NABANITA
GOSWAMI, daughter of
Late Sudhanshu Mohan
Goswami, resident of
Rukminigaon, P.O. & P.S.-
Dispur, Guwahati-781006,
District- Kamrup, Assam.

8. SMT. NIRODA GOSWAMI,

wife of Late Sailendra Mohan
Goswami, resident of village
Boratoli, P.O. & P.S.-
Palashbari, District-Kamrup,
Assam.

9. SRI BEDANTA GOSWAMI,

Son of Late Sailendra Mohan
Goswami, resident of village
Boratoli, P.O. & P.S.-
Palashbari, District-Kamrup,
Assam.

10. SMT. RANJITA GOSWAMI,

Daughter of Late Sailendra
Mohan Goswami, resident of
village Boratoli, P.O. & P.S.-
 Palashbari, District-Kamrup,
Assam..

….. APPLICANTS/
WRIT PETITIONERS

-VERSUS-

1. THE STATE OF ASSAM,

Represented by the
Commissioner & Secretary,
Revenue and Land Reforms
Department, Govt. of Assam,
Dispur, Guwahati-781006,
District-Kamrup, Assam.

2. THE ASSISTANT
SETTLEMENT OFFICER,
Guwahati, District-Kamrup,
Assam.

3. THE DEPUTY
COMMISSIONER, District-
Kamrup, Assam.

4. THE ADDITIONAL DEPUTY

COMMISSIONER, Kamrup,
Assam.

5. THE CIRCLE OFFICER,

Palashbari Revenue Circle,
 Mirza, District- Kamrup,
Assam.

6. THE LAT MANDAL,

Palashbari Revenue Circle,
Mirza, District- Kamrup,
Assam.

7. THE SENIOR SUB-

REGISTRAR, Kamrup Sub-
Registry at Guwahati, Assam.

8. SRI KUSHAL DAS, son of

Late Basanta Das, resident of
village Sontola Gaon, P.O. &
P.S.- Palashbari, District-
Kamrup, Assam.

9. SRI MRINAL DAS, son of

Late Basanta Das, resident of
village Sontola Gaon, P.O. &
P.S.- Palashbari, District-
Kamrup, Assam.

10.SRI SUBASH DAS, son of

Late Basanta Das, resident of
village Sontola Gaon, P.O. &
P.S.- Palashbari, District-
Kamrup, Assam.

….OPPOSITE PARTIES/RESPONDENTS
 The humble Application of the Applicants above named:

MOST RESPECTFULLY SHEWETH:

1. That the petitioners are residents of the

aforementioned localities within the state of Assam.
Being citizens of India, they are entitled to all the
rights, protections and privileges guaranteed by the
Constitution of India and the laws framed
thereunder.

2. That the applicants had preferred the aforesaid writ

petition being W.P.(C) No. 4040/2011 challenging an
order dated 01.02.2011 passed by the Additional
Deputy Commissioner, Kamrup in Riyot Case No.
12/10 under KRL File No. 5/10, as well as the
consequential illegal mutation of the names of the
opposite parties/respondent Nos. 8, 9 and 10 in the
revenue records, in respect of the land of the
applicants behind their backs.

3. That in the interim, the applicants had prayed for

staying the operation of the entire proceedings in the
aforesaid Riyot Case No. 12/10 under KRL File No.
5/10 including the impugned order dated 01.02.2011
passed therein, and all action taken in pursuance
thereof, and further, to issue appropriate direction to
the Senior Sub-Registrar, Kamrup Sub-Registry at
Guwahati not to register any deed of conveyance
that may be executed by the opposite
 parties/respondent Nos. 8, 9 and 10, or by their
constituted attorney, in respect of land measuring 4
Bighas - 2 Kathas - 17 Lessas, covered by K.P. Patta
No. 8, under Dag No. 563 of Sontola gaon, under
Chai-ani Mouza of Palashbari Revenue Circle, District-
Kamrup, Assam, till disposal of the instant writ
application. Vide order dated 10.08.2011, this
Hon’ble Court was pleased to issue Rule returnable
on 16.11.2011, and in the interim directed that till
returnable date, the status quo in all respect relating
to the land in question as on that day shall be
maintained. However, during the pendency of the
present writ petition, the controversy between the
parties has been amicably settled.

4. That in light of such settlement, the

applicants/petitioners pray that this Hon’ble Court
may be pleased to allow the present applicants to
withdraw the writ petition being W.P.(C) No.
4040/2011.

5. That this application is made bona fide and for the

ends of justice.

It is therefore most respectfully

prayed that Your Lordships would
be graciously be pleased to admit
this application and further be
pleased to allow the applicants to
 withdraw the writ petition being
W.P. (C) No. 4040/2011 and/or
further be pleased to pass such
other order or orders as Your
Lordships would deem fit and
proper.

And for which act of kindness, the applicants/petitioners as

in duty bound shall ever pray.
 AFFIDAVIT
I, Jitendra Mohan Goswami, aged about 76 years, son of
Khagendra Mohan Goswami, resident of Kalipur, Guwahati,
P.O.- Bharalumukh, P.S.-Jalukbari, District- Kamrup (M), Assam,
do hereby solemnly affirm and declare as follows: -

1. That I am the applicant No.3 in the instant interlocutory

application and as such I am fully acquainted and well
conversant with the facts and circumstances of the case. The
contents of the interlocutory application have been read over to
me and having understood the same, I am competent to swear
and sign this present affidavit and authorized to do so on behalf
of other applicants.

2. That the statements made in this affidavit and in

paragraphs……………………… of the accompanying interlocutory
application are true to my knowledge, those made in
paragraphs …………….…………………… being matters of record
are true to my knowledge derived from said records and the
rest are my humble submissions before this Hon’ble Court.

On oath, I swear this, that my declaration is true that it

conceals nothing and that no part of it is false, so help me
God.

And I sign this affidavit on this the …… day of April, 2024 at

Guwahati.

Identified By:

DEPONENT
Advocate’s Clerk

DISTRICT: KAMRUP (M)

IN THE GAUHATI HIGH COURT

(The High Court of Assam: Nagaland: Mizoram and

Arunachal Pradesh)

(CIVIL EXTRA ORDINARY JURISDICTION)

I.A. (C) No. …………./2024

IN

W.P. (C) No. 4040 of 2011

Sri Dwijendra Mohan Goswami & Ors.

Vs

The State of Assam & Ors

INDEX

S. No. PARTICULARS PAGE

NO.

1. Interlocutory Application

2. Affidavit

Filed By:

Advocate