Page No.# 1/3 vs The State Of Assam And 3 Ors
2023 Latest Caselaw 4097 Gua

                                                                    Page No.# 1/3

GAHC010049612021




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

                           Case No. : WP(C)/1918/2021

         BIJOY BORA AND ANR.
         S/O- LT. BHULIRAM BORA, R/O- NO. 2 GODARBORI, P.O. JAMUGURI, P.S.
         JAJORI, DIST.- NAGAON, ASSAM, PIN- 782142

         2: PRAMOD BORTHAKUR
          S/O- LT. KALINATH BORTHAKUR
          R/O- NO. 2 GEDARBORI
          P.O. JAMUGURI
          P.S. JAJORI
          DIST.- NAGAON
         ASSAM
          PIN- 78214

         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REP. BY THE COMM. AND SECY., REVENUE AND DISASTER
         MANAGEMENT DEPTT., DISPUR, GHY-06

         2:THE DY. COMMISSIONER
          OF NAGAON P.O. AND P.S. NAGAON
          DIST.- NAGAON

         3:THE CIRCLE OFFICER
          NAGAON SADAR REVENUE CIRCLE AT NAGAON
          DIST.- NAGAON

         4:BHABEN CHANDRA BORA
          S/O- LT. BENUDHAR BORA
          R/O- KURUWABAHI SATRA
          P.O. JAMUGURI
          P.S. JAJORI
          DIST.- NAGAON
         ASSAM
                                                                         Page No.# 2/3

            PIN- 78214

For the petitioner (s)      : Mr. S. Chauhan, Advocate

For the respondent (s)   : Mr. S. Khound, Advocate
                           MR. H. Sarma, Advocate

                                BEFORE
                 HON'BLE MR. JUSTICE DEVASHIS BARUAH
                               ORDER

04.10.2023

The instant writ petition has been filed by the petitioners challenging the notice dated 24.02.2021 issued by the Circle Officer, Nagaon Sadar Revenue Circle, Nagaon thereby asking both the petitioners and the respondent No.4 to appear before him on 22.03.2021 alleging that the petitioners herein had encroached upon the schedule land.

2. From a perusal of the writ petition, it reveals that the land described in the schedule of the said notice is the subject matter of a litigation initiated by the respondent No.4 against the petitioners and five others in Title Suit No.90/1998. The said suit was disposed of by the judgment and decree dated 30.05.2005 holding inter-alia that the respondent No.4 has right, title and interest over the schedule land to the plaint but the prayer for recovery of khas possession was not allowed on the ground that the respondent No.4 who was a plaintiff failed to establish that he was dispossessed by the defendants, i.e. the petitioners herein.

3. It is also seen that an appeal was preferred by the respondent No.4 before the Court of the Civil Judge, Senior Division, Nagaon which was registered and numbered as Title Appeal No.16/2005. The said appeal was Page No.# 3/3

dismissed vide the judgment and decree dated 28.04.2006. It is not known as to what transpired thereupon.

4. Be that as it may, as it is a private dispute between the petitioners and the respondent No.4 and the Revenue Authority, i.e. the Circle Officer, Nagaon Sadar Revenue Circle, Nagaon could not have exercised its jurisdiction on the question of encroachment on land which falls purely within the domain of the Civil Court, this Court sets aside the impugned notice dated 24.02.2021.

6. It is made clear that setting aside of the impugned notice dated 24.02.2021 shall not affect the rights of the parties, i.e. the petitioners and the respondent No.4 in any other proceedings between them before the appropriate Civil Court.

JUDGE

Comparing Assistant