Gauhati High Court
Shona Khatun vs The State Of Assam And 3 Ors on 25 August, 2022
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GAHC010076462022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2861/2022
SHONA KHATUN
D/O. LT. HARAN ALI, VILL. ABRARBHITA, P.O. BALARBHITA, P.S. BAGUAN,
DIST. GOALPARA, ASSAM, PIN-783129.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, LAND AND
REVENUE, DEPTT., DISPUR, GHY.-06.
2:THE DIRECTOR OF LAND AND REVENUE
ASSAM
GUWAHATI-19.
3:THE DEPUTY COMMISSIONER
GOALPARA
P.O. ND DIST. GOALPARA
ASSAM
PIN-783101.
4:THE ASSTT. SETTLEMENT OFFICER
BALIJANA REVENUE CIRCLE
BALIJANA
P.O. AGIYA
DIST. GOALPARA
ASSAM
PIN-783120
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Advocate for the Petitioner : MR R ISLAM
Advocate for the Respondent : SC, L R DEPT.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
25.08.2022
Heard Shri R Islam, learned counsel for the petitioner, who is appearing as a
Legal Aid Counsel. Also heard Shri R Borpujari, learned Standing Counsel, Revenue
Department for the respondent nos. 1 and 2 whereas Shri N Goswami, learned State
Counsel appears for the respondent nos. 3 and 4.
2. The dispute involved being trivial in nature, this writ petition is taken up for
disposal at the admission stage. It is the case of the petitioner that her father, Late
Haran Ali had bequeathed a plot of land measuring 6 bigha 3 katha 15 lechas vide a
Will executed on 30.10.1987 under Dag No. 452 of Patta No. 182 situated at
Abrarbhita under the Balijana Revenue Circle in the district of Goalpara. On the death
of the father, the Will was put for grant of probate in the Court of the learned District
Judge, Goalpara which was registered as TS(P) Case No. 5/2007. The said case was
disposed of vide the judgment and order dated 04.05.2012 whereby, the suit was
allowed and on 11.01.2013, a certificate of probate of Will was granted. On the
strength of such certificate, the petitioner had applied for mutation of her name before
the Circle Officer, Balijana Revenue Circle which was registered as Misc. Case
No.16/2017. Though initially, notices were issued to the relevant parties, fixing
12.02.2021 for hearing, thereafter neither any action was seen to be taken by the
authorities nor any copy of order of mutation received. Accordingly, the present
petition has been filed through the Legal Aid counsel.
3. Shri Islam, learned counsel for the petitioner submits that the Will being
probated vide the judgment dated 04.05.2012, there is no legal impediment for grant
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of mutation. The learned Legal Aid Counsel fairly submits that in the order of
mutation, the respective shares of all the legal representatives of the original owner of
the land in question would be mentioned in terms of the certificate of probate.
4. Both Shri Goswami, learned State Counsel and Shri Borpujari, learned Standing
Counsel submits that prima facie the grant of probate in the concerned TS(P)
No.5/2007 has clinched the issue and therefore, there cannot be any difficulty or
restriction in considering the application for mutation of the bequeathed land.
5. After hearing the parties and on perusal of the materials on record, this Court is
of the unhesitant opinion that the present is a fit case which is liable to be remanded
to the learned Assistant Settlement Officer, Balijana Revenue Circle in the district of
Goalpara. Accordingly, the aforementioned Officer is directed to expedite the matter
which was registered as Misc. Case No. 16/2017 and pass final order(s) on mutation.
6. It is needless to state that all stakeholders are required to be intimated with the
steps taken at the time of passing of the final order(s) by the learned Assistant
Settlement Officer, Balijana Revenue Circle. The entire exercise, as indicated above, be
completed within a period of 2 months from the date of receipt of a certified copy of
this order.
7. Accordingly, the writ petition stands disposed of.
JUDGE
Comparing Assistant
