Gauhati High Court
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GAHC010208472021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6779/2021
NEENA JHURIA AND ANR.
W/O SRI ASHOK KR JHURIA, R/O GARIMA PALACE, H.B ROAD
KAMARPATTY, GUWAHATI-781001 P.S. PANBAZAR, DIST. KAMRUP (M)
ASSAM
2: ASHOK KUMAR JHURIA
S/O. LT. GOBARDHAN DAS JHURIA
R/O GARIMA PALACE
H.B ROAD KAMARPATTY
GUWAHATI-781001 P.S. PANBAZAR
DIST. KAMRUP (M) ASSA
VERSUS
THE STATE ASSAM AND ORS.
REP. BY ITS COMMISSIONER AND SECRETARY, GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPTT. SACHIBALAYA,
DISPUR, GUWAHATI-781006 DIST. KAMRUP(M) ASSAM
2:THE ASSAM BOARD OF REVENUE
REP. BY ITS CHAIRMAN
PAN BAZAR
GUWAHATI-1
3:THE DEPUTY COMMISSIONER
KAMRUP (M)
PANBAZAR
GUWAHATI-781001
4:THE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE
PANBAZAR
GUWAHATI-781001
DIST. KAMRUP (M) ASSAM
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5:CHANDANA KALITA
W/O LT. DINESH CH. KALITA
R/O GARIMA GOLD TOWER
M.S. ROAD
FANCY BAZAR
GUWAHATI-781001
P.S. PANBAZAR
DIST. KAMRUP (M) ASSAM
6:BISWAJIT KALITA
S/O LT. DINESH CH. KALITA
R/O GARIMA GOLD TOWER
M.S. ROAD
FANCY BAZAR
GUWAHATI-781001
P.S. PANBAZAR
DIST. KAMRUP (M) ASSAM
7:HENA KALITA
D/O LT. DINESH CH. KALITA
R/O GARIMA GOLD TOWER
M.S. ROAD
FANCY BAZAR
GUWAHATI-781001
P.S. PANBAZAR
DIST. KAMRUP (M) ASSA
Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate)
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
15/12/2021
Heard Mr. K K Mahanta, learned Senior counsel assisted by Ms. N Begum, learned counsel
for the petitioners and Mr. B J Talukdar, learned Standing counsel, Revenue as well as Additional
Senior Government Advocate, Assam for the respondent Nos. 1 to 4.
Against the mutation order dated 11.03.2013 passed by the Circle Officer, Guwahati in
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Mutation Case No. 1379/2012-13, the private respondent Nos. 5, 6 & 7 preferred an appeal being
Revenue Appeal No.R.A.(M) No. 9/2015-2016 before the Additional Deputy Commissioner,
Kamrup(M). However, the said appeal was rejected by the Additional Deputy Commissioner,
Kamrup(M) on 27.09.2018. Being aggrieved with the same, the respondent Nos. 5, 6 & 7
preferred an appeal under Section 147 read with Section 151 of the Assam Land and Revenue
Regulations, 1886 being Case No. 83RA(K)/2018 against the petitioners.
By judgment and order dated 10.09.2021, the Assam Board of Revenue, Guwahati
allowed the said Revenue Appeal, i.e., Case No. 83RA(K)/2018 of the respondent Nos. 5, 6 & 7.
Being aggrieved with the same, the petitioners have preferred this writ petition contending that
the Assam Board of Revenue, Guwahati exceed its jurisdiction in deciding the matter in favour of
the respondent Nos. 5, 6 & 7/appellants of said Case No. 83RA(K)/2018 which can only be settled
by the appropriate Civil Court.
To that extent, Mr. Mahanta, learned Senior counsel appearing for the petitioners has
placed before the Court the ten issues framed by the Assam Board of Revenue, Guwahati in said
Case No. 83RA(K)/2018 and submits that out of those ten issues, excepting the issue No. 2, the
rest can be settled by the Civil Court only.
Issue notice, returnable by 03.02.2022.
As Mr. B J Talukdar, learned Standing counsel, Revenue as well as Additional Senior
Government Advocate, Assam has accepted notice on behalf of the respondent Nos. 1 to 4
respectively, no formal notice need to be issued to those respondents.
Petitioners shall serve requisite extra copies of this writ petition along with the annexures
appended thereto to Mr. B J Talukdar, learned Standing counsel, Revenue as well as Additional
Senior Government Advocate, Assam by tomorrow, i.e., 16.12.2021, obtaining necessary
acknowledgment from him in that regard.
Petitioners shall take steps for service of notice on the respondent Nos. 5, 6 & 7 by
tomorrow, i.e., 16.12.2021 by registered post with A/D, providing their proper and correct
addresses with requisite postal stamps.
In addition to the above, the petitioners shall also take steps for service of notice on the
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respondent Nos. 5, 6 & 7 by dasti/personal service to be routed through the Registry of this
Court. Such dasti/personal service on the respondent Nos. 5, 6 & 7 shall be made by serving a
copy of this writ petition including the annexures appended thereto and by obtaining their
signatures with date in presence of one or more witnesses. Thereafter, the petitioners shall file an
affidavit towards completion of such dasti/personal service on the said respondent Nos. 5, 6 & 7.
Subject to taking steps on the respondents as directed above, in the interim, the
impugned judgment and order dated 10.09.2021 passed by the Assam Board of Revenue,
Guwahati in Case No. 83RA(K)/2018 ( Smti. Chandana Kalita and 2 Others Vs. Smti. Neena Jhuria
and Another) shall remain suspended till the returnable date (i.e., 03.02.2022).
List accordingly.
JUDGE
Comparing Assistant
