Alaka Nath vs The State Of Assam And 4 Ors
2021 Latest Caselaw 1208 Gua

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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
              THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA
                                           ORDER

26.03.2021.

Heard Ms. S. Goswami, the learned counsel for the petitioner.

The matter pertains to a dispute in respect of land which is civil in nature. The petitioner is aggrieved because of the report submitted to the Deputy Commissioner, Biswanath by the concerned Circle Officer as against the demarcation petition filed by the petitioner in order to demarcate the immovable property which was the subject matter of a decree passed in Title Suit No. 10/1999. The predecessor-in-interest of the private respondents were the parties in the said suit and as such as submitted by Ms. Goswami, the private respondents are bound by the judgment and decree which was put to execution in Title Execution Case No. 4/2003 in the court of then learned Civil Judge, Jr. Division, Tezpur. Accordingly the Circle Officer cannot enter into the title of the petitioners over the decreetal land. But the Circle Officer in his report to the Deputy Commissioner even questioned the Registered Sale Deed by which the petitioners claimed title over the land. The civil court had declared the Sale Deed as valid. As such Civil Court is the appropriate forum to raise the grievance of the petitioners or the Assam Board of Revenue.

Considering the nature of dispute, Ms. Goswami sought time in order to take appropriate instruction which is accordingly allowed.

List this matter on 23.04.2021 for Motion.

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JUDGE

Comparing Assistant