Gauhati High Court
WP(C)/2802/2026 of BIRSON DAIMARY Vs THE STATE OF ASSAM AND 7 ORS on 16 August 2026
GAHC010106192026 2026:GAU-AS:11694 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2802/2026 BIRSON DAIMARY SON OF SHRI DANDESWAR DAIMARY, RESIDENT OF VILLAGE KHAMAGURI, P.O. BORO BAZAR, DISTRICT- CHIRANG, ASSAM, PIN- 783390. VERSUS THE
GAHC010106192026
2026:GAU-AS:11694
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2802/2026
BIRSON DAIMARY
SON OF SHRI DANDESWAR DAIMARY, RESIDENT OF VILLAGE
KHAMAGURI, P.O. BORO BAZAR, DISTRICT- CHIRANG, ASSAM, PIN-
783390.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY, TO THE GOVERNMENT
OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUT, GUWAHATI-6.
2:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY THE PRINCIPAL SECRETARY
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
PIN-783370.
3:THE SECRETARY
LAND RECORDS AND DISASTER MANAGEMENT DEPARTMENT
BTC
KOKRAJHAR-783370.
4:THE DIRECTOR
LAND AND SURVEYS
BTC
KOKRAJHAR
ASSAM
PIN-783370
5:THE DISTRICT COMMISSIONER
CHIRANG
DISTRICT-CHIRANG
ASSAM
6:THE CIRCLE OFFICER
SIDLI REVENUE CIRCLE
DISTRICT- CHIRANG
BTC
ASSAM
7:THE CIRCLE OFFICER
MAZBAT REVENUE CIRCLE
DISTRICT- UDALGURI
BTC
ASSAM
8:MITHISAR OWARY
S/O SRI PARSURAM OWARY
R/O VILLAGE- BASHBARI
P.O. AND P.S RUNIKHATA
DISTRICT - CHIRANG
BTC
ASSAM
PIN- 783375
Advocate for the Petitioner : MR R DHAR, J DAS
Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,G L BORA,MR. K SINGHA,SC, REVENUE,SC, BTC
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 17.08.2026 Heard Ms. J. Das, learned counsel appearing for the petitioner. Also heard Mr. A. Atreya, learned Standing Counsel appearing for the BTC; Mr. K. Singha, learned counsel appearing for the respondent No. 8; Mr. J. Handique, learned Standing Counsel appearing for the Revenue & Disaster Management Department and Ms. D. D. Barman, learned Government Advocate appearing for the respondent Nos. 5, 6 and 7.
By way of this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the impugned transfer order dated 19.05.2026, whereby he was transferred from his place of posting at Sidli Revenue Circle to Mazbat Revenue Circle. Pending adjudication of the writ petition, when the matter is taken up today, Mr. A. Atreya, learned Standing Counsel appearing for the BTC, on the basis of the instruction dated 30.07.2026 received in the Office of the Senior Standing Counsel, BTC, submits that the earlier transfer order dated 19.05.2026 has subsequently been modified by order dated 16.07.2026. By the said modified order, the petitioner, who had not been relieved from his original place of posting, has been permitted to continue at Sidli Revenue Circle against the vacant post arising out of the transfer of Rajendra Wary, L.M., in terms of the approval accorded by the BTC on 09.07.2026. In view of the subsequent modification of the impugned transfer order and the petitioner having been permitted to continue at his original place of posting at Sidli Revenue Circle, nothing further survives for adjudication in the present writ petition. Accordingly, the writ petition stands dismissed as having become infructuous. The instruction dated 30.07.2026, produced before this Court by Mr. A. Atreya, learned Standing Counsel for the BTC, is kept on record and marked as ‘X’. JUDGE Comparing Assistant