Hiranya Kumar Goswami vs The State Of Assam And 2 Ors
2022 Latest Caselaw 1556 Gua

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GAHC010084992022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/3003/2022

            HIRANYA KUMAR GOSWAMI
            S/O RAJANI KANTA GOSWAMI, R/O VILL. NIJ CHENGA, P.O. CHENGA, P.S
            TARABARI, MOUZA-CHENGA, DIST. BARPETA, ASSAM, PIN-781305

            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
            REVENUE DEPTT. DISPUR, GUWAHATI-781006 ASSAM SACHIBALAY

            2:THE DEPUTY COMMISSIONER
             BARPETA
             DIST. BARPETA
             PIN-781301

            3:THE CIRCLE OFFICER
             CHENGA REVENUE CIRCLE
             CHENAG
             DIST. BARPETA
             PIN-78131

Advocate for the Petitioner   : MR. D K KOTOKY

Advocate for the Respondent : SC. REVENUE

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 11.05.2022 Heard Mr. D.K. Kotoky, learned counsel for the petitioner; Mr. P.S. Deka, learned Standing Counsel, Revenue Department for the respondent no. 1; and Ms. S. Sarma, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3.

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2. It is the case of the petitioner that the names of his father viz. Rajani Goswami and 4 [four] others viz. Arabindra Goswami, Adya Goswami, Bhuban Chandra Goswami and Dharani Goswami were recorded in the revenue records as pattadars in respect of an area of land measuring 101 bighas 9 lessas [101B-0K-9L], covered by different dag nos. including Dag no. 318, under Nisf Khiraj Patta no. 1 in Revenue Village - Ganakpara, Mauza-Chenga, Chenga Revenue Circle, District - Barpeta. As on date, all those 5 [five] recorded pattadars were dead. A case being T.R. Case no. 80/2003-2004, was instituted by 6 [six] persons, claiming themselves to be tenants, against the afore-mentioned 5 [five] recorded pattadars [since deceased] for ownership rights over an area of land measuring 17 bighas 2 kathas 6 lessas [17B-2B-6L], covered by Dag no. 318 under Nisf Khiraj Patta no. 1 and they claimed themselves as ryots in respect of the said areas of land i.e. 17B-2B-6L, covered by dag no.

318. The Sub-Divisional Officer [Sadar], Barpeta by an order dated 09.01.2004 passed in T.R. Case no. 80/200-2004 had allowed the prayer. One of the legal heirs of the afore-mentioned 5 [five] recorded pattadars [since deceased] viz. Dwipendra Nath Goswami preferred an appeal vide Case no. 22RA[B]/2004 against the order dated 09.01.2004 before the Assam Board of Revenue. The Assam Board of Revenue by its judgment dated 18.07.2005 set aside the order dated 09.01.2004 passed by the Sub-Divisional Officer [Sadar], Barpeta. In the judgment, the Board of Revenue had inter alia observed as under :-

"From the chitha of the suit land available in the case record, it is seen that the patta of the land is Nisf Khiraj patta. Nisf Khiraj patta or half revenue estates originale from the land given by the Ahom Kings which letter came to be known as Dharmottar, Debottar, and Brahmottar land. Therefore, it cannot be disputed now that the land is not Satra land."

3. By the impugned order dated 11.04.2022, the respondent no. 2 has inter alia instructed the respondent no. 3 to correct the land records pertaining to Nisf Khiraj Patta no. 1 land measuring 101B-0K-9L in favour of Pirala Satra, pursuant to the judgment dated 18.07.2005 of the Assam Board of Revenue. It is further mentioned that the land records are to be corrected as per the provisions of Section 15[a] of the Assam State Acquisition of Lands Page No. 3/3

Belonging to Religious or Charitable Institutions of Public Nature Act, 1959.

4. Mr. Kotoky, learned counsel for the petitioner has submitted that after the judgment dated 18.07.2005, enquiries were caused in respect of the lands measuring 101 Bighas 0 Katha 9 Lessas [101B-0K-9L] under Nisf Khiraj Patta no. 1. As per the said reports, there was no mention of any Satra named Pirala Satra, meaning thereby, there no existence of any Satra. It is his further submission that the land was never acquired by a valid process of acquisition at any point of time. In such view of the matter, the action proposed by the respondent no. 2 in its communication dated 11.04.2022 is illegal and arbitrary.

5. Issue Rule, returnable in 8 [eight] weeks.

6. As Mr. Deka has appeared and accepted notice on behalf of the respondent no. 1 and Ms. Sarma has appeared and accepted notices on behalf fo the respondent nos. 2 & 3, no formal notices need to be issued in respect of the said respondents. The learned counsel for the petitioner shall serve requisite nos. of extra copies of the writ petition along with annexures, to Mr. Deka and Ms. Sarma within 5 [five] working days.

7. Having regard to the materials on record, the impugned order dated 11.04.2022 [Annexure 6 to the writ petition] passed by the respondent no. 2 shall remain stayed.

8. The records of Case no. 22RA[B]/2004 be called from the Assam Board of Revenue, Assam.

JUDGE

Comparing Assistant