Gauhati High Court
Nigar Sultana vs The State Of Assam And 11 Ors on 3 May, 2023
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GAHC010089752023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2335/2023
NIGAR SULTANA
D/O LATE AFSAR ALI, W/O HAFIZUR HAQUE, VILL-RANGIA TOWN, N.T.
ROAD, WARD NO. 5, MOUZA-PANDURI, P.O.-RANGIA, DIST-KAMRUP,
ASSAM, PIN-781354
VERSUS
THE STATE OF ASSAM AND 11 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT
OF REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-781006,
ASSAM
2:DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
REPRESENTED BY ITS COMMISSIONER AND SECRETARY
DISPUR
GUWAHATI-781006
ASSAM
3:THE ADDITIONAL DEPUTY COMMISSIONER
KAMRUP
AMINGAON
ASSAM
4:THE CIRCLE OFFICER
RANGIA REVENUE CIRCLE
DIST-KAMRUP
ASSAM
5:ATAUR RAHMAN
S/O LATE ABDUR RAHMAN
R/O RANGIA TOWN
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WARD NO. 3/4
MOUZA PANDURI
P.O.-RANGIA
DIST- KAMRUP
ASSAM
PIN-781354
6:SYEDUR RAHMAN
S/O LATE GIYASUDDIN AHMED
R/O RANGIA TOWN
WARD NO. 3/4
MOUZA PANDURI
P.O.-RANGIA
DIST- KAMRUP
ASSAM
PIN-781354
7:JEHRUL HAQUE
S/O LATE GIYASUDDIN AHMED
R/O RANGIA TOWN
WARD NO. 3/4
MOUZA PANDURI
P.O.-RANGIA
DIST- KAMRUP
ASSAM
PIN-781354
8:MINA RAHMAN
W/O LATE FAIZUR RAHMAN
R/O RANGIA TOWN
WARD NO. 3/4
MOUZA PANDURI
P.O.-RANGIA
DIST- KAMRUP
ASSAM
PIN-781354
9:NASSARAL RAHMAN
D/O LATE FAIZUR RAHMAN
R/O RANGIA TOWN
WARD NO. 3/4
MOUZA PANDURI
P.O.-RANGIA
DIST- KAMRUP
ASSAM
PIN-781354
10:JESMIN RAHMAN
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D/O LATE FAIZUR RAHMAN
R/O RANGIA TOWN
WARD NO. 3/4
MOUZA PANDURI
P.O.-RANGIA
DIST- KAMRUP
ASSAM
PIN-781354
11:BENJIR RAHMAN
D/O LATE FAIZUR RAHMAN
R/O RANGIA TOWN
WARD NO. 3/4
MOUZA PANDURI
P.O.-RANGIA
DIST- KAMRUP
ASSAM
PIN-781354
12:FARIDA RAHMAN
D/O LATE FAIZUR RAHMAN
R/O RANGIA TOWN
WARD NO. 3/4
MOUZA PANDURI
P.O.-RANGIA
DIST- KAMRUP
ASSAM
PIN-78135
Advocate for the Petitioner : MR P K KALITA
Advocate for the Respondent : SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 03.05.2023
Heard Mr. P.K. Kalita, learned senior counsel for the petitioner, who submits
that the petitioner had inherited a plot of land measuring 19 Lechas, covered by
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Dag no. 886, K.P. Patta no. 122 situated at Village - Rangia Town, Mouza -
Panduri, District - Kamrup, Assam.
The petitioner's case is that due to a dispute between the petitioner and
the private respondents, a settlement deed had been made between the parties,
wherein a compromise on the possession of the land had been made and no
compromise on the title to the land had been made between the parties. He
submits that despite the above, the Circle Officer had mutated the name of the
private respondents in the Record of Rights of the land. The petitioner being
aggrieved, filed an appeal before the Deputy Commissioner, Kamrup and vide
order dated 10.09.2019, the Additional Deputy Commissioner, Kamrup set aside
the mutation of the names of the private respondents in the Record of Rights.
Being aggrieved the private respondents preferred Case no. 57RA(K)/2019
before the Assam Board of Revenue, Guwahati. Case no. 57RA(K)/2019 was
allowed vide judgment dated 08.09.2022, by setting aside the order dated
10.09.2019 passed by the learned Court of Additional Deputy Commissioner,
Kamrup in Revenue Appeal No. 13/2016-17. The petitioner being aggrieved by
the same has approached this Court.
Issue Notice returnable in 4 (four) weeks.
Ms. G. Hazarika, learned counsel accepts notice on behalf of the
respondent nos. 1 & 2 and Mr. S. Baruah, learned counsel accepts notice on
behalf of the respondent nos. 3 & 4.
Petitioner to take steps for service of notice upon the respondent nos. 5 -
12 by registered post with A/D within 3 (three) days.
Registry to call for the records of the Case no. 57RA(K)/2019 from the
Assam Board of Revenue, Guwahati.
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List the matter after 4 (four) weeks.
In the interim, status quo as on date should be maintained by the parties.
JUDGE
Comparing Assistant
