Gauhati High Court
Alaka Nath vs The State Of Assam And 4 Ors on 23 April, 2021
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GAHC010058142021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2164/2021
ALAKA NATH
W/O. LT. HAREN CHANRA NATH, MORAN GAON, P.O. BORGAON,
COLLEGE ROAD, P.S. BAHALI, DIST. BISWANATH.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY. GOVT. OF ASSAM DEPTT. OF REVENUE
DISPUR, GUWAHATI-781006.
2:DEPUTY COMMISSIONER
DIST. BISWANATH.
3:CIRCLE OFFICER MORAN GAON
MOUZA BAHALI
DIST. BISWANATH.
4:PRANAB DAS
S/O. KANAK DAS
R/O. MORAN GAON
P.O. BORGAON
COLLEGE ROAD
P.S. BAHALI
DIST. BISWANATH.
5:SMT. SURANJANA BORA
W/O. PRANAB DAS
R/O. MORAN GAON
P.O. BORGAON
COLLEGE ROAD
P.S. BAHALI
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DIST. BISWANATH
Advocate for the Petitioner : MRS S GOSWAMI
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 23.4.2021
Heard Ms. S. Goswami, learned counsel for the petitioner. Ms. M. Bhattacharjee, learned
Addl. Senior Govt. Advocate is present.
The grievance raised by the petitioner in this writ petition is in respect of wrong entry
in the trace map on the basis of wrong chitha entry of the year 2008 thereby showing Dag
No. 387 covered by Patta No. 181 within the dag No. 390 of patta No 171 of village Moran
Gaon Mouza Bihali in the district Biswanath . The said introduction of dag No. 387 unsettled
the settled position of land covered by dag No. 390 of KP Patta No. 171 the right, title and
interest of which was declared on the basis of a judgment and decree passed in title suit No.
10/1999 by the learned Civil Judge(Jr. Divn.) Tezpur in favour of the petitioner. Though the
Circle Officer Biswanath Revenue Circle disputed the sale deed of the petitioner on the basis
of which the petitioner got the declaration of the right, title and interest over the land but
the Circle Officer has no jurisdiction to dispute the same as the Civil Court accepted the
same holding it to be a valid one. In view of the same the petitioner filed an application
before the Circle Officer Biswanath Revenue Circle for demarcation of the land which formed
the subject matter of the judgment and decree passed in T.S. No. 10/1999. As there was no
action on the part of the Circle officer , the petitioner on 29.12.2020 filed an application
before the Deputy Commissioner, Biswanath District for proper demarcation and restraining
the private respondents in this writ petition from carrying out any construction work till the
completion of the demarcation process. But as submitted by Ms. Goswami no action was
initiated on the basis of the said application filed on 29.12.2020 by the Deputy Commissioner,
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Biswanath District for which the petitioner has come before this court for an appropriate
direction for disposal of the same.
Ms. Bhattacharjee on the other hand raised a preliminary objection in respect of the
maintainability of this writ petition inasmuch as it is the contention that if the petitioner is
aggrieved she may approach the Board of Revenue, Assam under the relevant provision of
Assam Land and Revenue Regulation, 1886.
Upon consideration of the submissions of both the learned counsel I am of the
considered view that the submissions made by Ms. Bhattacharjee has force inasmuch as
there is a specific provision under the Regulation wherein if any person is aggrieved due to
non taking of any action by the Deputy Commissioner, the Revenue Board has the power
to call for the records and pass appropriate order. As in the present case in hand, the
allegation is non taking of action by the Deputy Commissioner , Biswanath District under
such circumstances it is a fit case for the petitioner to move the Board of Revenue, Assam
raising the grievance before the said Hon'ble Board.
In view of the same this writ petition stands disposed of at this motion stage, as
consented to by both the learned counsel.
JUDGE
Comparing Assistant
