Gauhati High Court
Page No.# 1/5 vs State Of Assam And 4 Ors on 1 August, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010152512024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3861/2024
MAMONI @ MAMANI BAYAN AND 3 ORS
WIFE OF LATE TIKEN CHANDRA BAYAN, RESIDENT OF HOUSE NO. 130
NEAR KALI MANDIR, POWER HOUSE, KAHILIPARA, POLICE STATION-
DISPUR, GUWAHATI- 781019
2: RASHMI REKHA BAYAN
DAUGHTER OF LATE TIKEN CHANDRA BAYAN
RESIDENT OF HOUSE NO. 130 NEAR KALI MANDIR
POWER HOUSE
KAHILIPARA
POLICE STATION- DISPUR
GUWAHATI- 781019
3: JUTHI REKHA BAYAN
DAUGHTER OF LATE TIKEN CHANDRA BAYAN
RESIDENT OF HOUSE NO. 130 NEAR KALI MANDIR
POWER HOUSE
KAHILIPARA
POLICE STATION- DISPUR
GUWAHATI- 781019
4: DHRMISTHA BAYAN
DAUGHTER OF LATE TIKEN CHANDRA BAYAN
RESIDENT OF HOUSE NO. 130 NEAR KALI MANDIR
POWER HOUSE
KAHILIPARA
POLICE STATION- DISPUR
GUWAHATI- 78101
VERSUS
STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
Page No.# 2/5
DISPUR- 781006, GUWAHATI, ASSAM
2:DISTRICT COMMISSIONER
KAMRUP METROPOLITAN DISTRICT
GUWAHATI
ASSAM
3:CIRCLE OFFICER
DISPUR REVENUE CIRCLE
KAMRUP METROPOLITAN DISTRICT
GUWAHATI
ASSAM
4:OFFICER IN CHARGE
DISPUR POLICE STATION
GUWAHATI
KAMRUP METROPOLITAN DISTRICT
ASSAM
5:IPSHITA BHARALI
DAUGHTER OF SHRI BIPUL BHARALI
RESIDENT OF SILPUKHURI
GUWAHATI- 781003
DISTRICT- KAMRUP METROPOLITAN
ASSA
Advocate for the petitioner(s): Mr. PJ Saikia, Senior Advocate
Mr. RK Talukdar
Advocate for the respondent(s): Mr. R Barpujari
Standing counsel, Revenue Department
Government of Assam
Mr. N Goswami
Government Advocate.
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
01.08.2024
Heard Mr. PJ Saikia, the learned senior counsel assisted by Mr. RK Talukdar,
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the learned counsel appearing on behalf of the petitioners.
2. Issue notice, making it returnable on 28.08.2024.
3. Mr. R Barpujari, the learned counsel accepts notice on behalf of the
respondent No.1 and Mr. N Goswami, the learned Junior Government Advocate
accepts notice on behalf of the respondent Nos.2, 3 and 4. Taking into account
that the respondent Nos.1 to 4 are duly represented, extra copies of the writ
petition be served upon them during the course of the day.
4. As regards the respondent No.5, the petitioners are directed to take steps
by way of registered post with A/D as well as by usual process within three
days.
5. In addition to that, the petitioners are also directed to effect Dasti service
upon the respondent No.5 to be routed through the Registry of this Court and to
file an affidavit of service on or before the next date fixed.
6. The case of the petitioners herein is that the petitioners' predecessor-in-
interest one Tiken Chandra Bayan was a recorded pattadar in respect to a plot
of land measuring 1 bigha 10 lechas covered by Dag No. 2810 of K P Patta
No.1316 of village Odalbakra, Mouza Beltola, in the district of Kamrup (M)
Assam. It is seen that the petitioners No.1, 2 and 4 had filed a suit against one
Makhoni Bala Dey which was registered and numbered as Title Suit
No.421/2018. The said suit was decreed ex-parte by the judgment and decree
dated 05.05.2022, thereby declaring that the plaintiffs and the proforma
defendant had right to use and occupy the suit land, confirmation of possession
over the suit land and permanent injunction was granted restraining the
defendant therein from interfering with the peaceful possession of the plaintiffs
and the proforma defendant.
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7. Thereupon on 18.05.2024, a notice was issued to the pattadars of Dag
number 2810 and 2814 under the KP Patta No.1316 for their appearance before
the Circle Officer, Dispur Revenue Circle, in view of the fact that the sale of the
land covered by Dag number 2810 and 2814 under the KP Patta No.1316 of
Odalbakra, Mouza Beltola, in the district of Kamrup (M) Assam, had been
withheld on account of certain objections and accordingly directed the said
pattadars to appear before the Circle Officer, Dispur Revenue Circle. Pursuant
thereto, the petitioners submitted an objection.
8. Subsequently, on the 08.07.2024, another notice was issued to the
pattadars of Dag No.2810 and 2814 under KP Patta No.1316 in respect to a
Misc.Case No.480/2023 in connection with physical measurement of the land
covered by Dag Nos. 2810 and 2814 under K P Patta No. 1316 of village
Odalbakra, Mouza Beltola, whereby it was informed to the pattadars to be
present on 03.08.2024 at 11:00 A.M, for carrying out the physical
measurement. The said notice dated 08.07.2024 has been put to challenge
before this court.
9. Mr. PJ Saikia, the learned senior counsel appearing on behalf of the
petitioners submitted that the petitioners are in possession of the plot of land
measuring 1 bigha 10 lechas in Dag No. 2810 under K P Patta No.1316 of village
Odalbakra, Beltola-Mouza, in the district of Kamrup (M) Assam and apprehends
that while carrying out the said physical measurement, the petitioners'
possession may be disturbed and as such they have approached this Court. In
addition to that, the learned senior counsel further submits that the respondent
No.5 at whose instance the Misc. Case No.480/2023 had been initiated is not a
recorded pattadar and as such, the said proceedings could not have been at all
initiated.
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10. This Court has also heard the learned counsels appearing on behalf of the
respondents. It is the opinion of this court that if the petitioners are in
possession of the land measuring 1 bigha 10 lechas covered by Dag No. 2810
under K P Patta No.1316 of village Odalbakra, Mouza Beltola, in the district of
Kamrup (M) Assam, the respondent authorities, who are the Revenue
authorities cannot disturb the possession of the petitioners. However, it is made
clear that the respondent authorities can carry out the physical measurement.
11. Under such circumstances, this Court observes and directs that till the next
date fixed, the respondent authorities may go ahead with the physical
measurement in terms with the notice dated 08.07.2024. However, the
possession of any of the parties who is/are in possession of the lands, wherein
the physical measurement would be carried out in terms with the notice dated
08.07.2024 should not be disturbed.
12. List again on 28.08.2024.
JUDGE
Comparing Assistant
