Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 18 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010164212025
2025:GAU-AS:11111
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2392/2025
PRADIP KUMAR DUTTA
D/O- LATE DEBANANDA DUTTA, R/O- JONAKI NAGAR, DHULIPAR, P.O-
DHULIPAR, P.S AND DIST- SIVASAGAR, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM,
REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR,
GUWAHATI-06.
2:THE DIRECTOR
LAND RECORDS AND SURVEYS
ASSAM RUPNAGAR
GUWAHATI-32
3:THE DISTRICT COMMISSIONER
SIVASAGAR
DISTRICT- SIVASAGAR
PIN- 785640
4:THE SUB DIVISIONAL OFFICER (CIVIL)
SIVASAGAR
DISTRICT- SIVASAGAR
PIN- 785640
5:THE CIRCLE OFFICER
AMGURI REVENUE CIRCLE
SIVASAGAR
PIN- 785640
Page No.# 2/4
Advocate for the Petitioner : MR. P K GOGOI, MR J P KACHARI
Advocate for the Respondent : SC, REVENUE, GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
18.08.2025
Heard Mr. P.K. Gogoi, learned counsel for the petitioner and Mr. J. Handique, learned State
Counsel for the opposite parties-respondents.
2. The instant application is preferred seeking correction in a Judgment and Order dated
05.04.2025 passed in the writ petition, W.P.[C] no. 1466/2025.
3. In the writ petition, W.P.[C] no. 1466/2025, the applicant as the petitioner had projected
that he preferred an application for a notified public service, 'Conversion of Land from Annual
Patta [A.P.] to Periodic Patta [P.P.]' in respect of a plot of land described therein. The applicant has
stated that an error had crept in in Paragraph-2 of the Judgment and Order dated 05.04.2025 in
that the applicant in the writ petition had mentioned that the plot of land was located at Village -
Borpatra Dole Kalu Gaon instead of Village - Joysagar Gaon.
3.1. The relevant parts of Paragraph-2 of the Judgment and Order dated 05.04.2025 reads as
under :-
2. In this writ petition instituted under Article 226 of the Constitution of India, the
petitioner has projected that the petitioner has come into possession of a plot of land
measuring 1 Bigha 2 Kathas 10 Lessas, covered by Dag no. 325 & Annual [Eksonia]
Patta no. 76, situate at Village - Borpatra Dole Kalu Gaon, Mouza - Hologuri, District
- Sivasagar ['the subject-plot no. 1', for short], after executing a notarized Agreement
dated 10.03.2023 with the erstwhile possessor of the subject-plot no. 1. The
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petitioner has stated that he came into possession of another plot of land measuring
2 Bighas 2 Kathas 10 Lessas, covered by Dag no. 325 & Annual [Eksonia] Patta no.
76, situate at the same village ['the subject-plot no. 2', for short] after execution of a
notarized Agreement dated 10.03.2023 with the previous possessor of the subject-
plot no. 2. The petitioner has stated that both subject-plots are adjacent to each other
and are under the same Dag no. 325 & Annual [Eksonia] Patta no. 76. After coming
into possession of the said two subject-plots measuring 4 Bighas in total, the
petitioner continued to be in occupation of the two subject-plots.
4. The applicant has stated that the mistake is clearly attributable to him and the other party
in the Notarized Agreement dated 10.03.2023. The applicant and the other party in the Notarized
Agreement dated 10.03.2023 have executed a subsequent Notarized Agreement on 18.07.2025
rectifying the name of the Village as Joysagar Gaon.
5. The learned counsel for the applicant has further submitted that the applicant will suffer
immense prejudice if the application is not allowed.
6. Mr. Handique, learned State Counsel has fairly submitted that the opposite parties have no
objection if the prayer regarding correction in the name of the village is allowed.
7. Having heard the learned counsel for the parties and considering the nature of correction
sought, it is observed that the relevant parts of Paragraph-2 of the Judgment and Order dated
05.04.2025 ought to have been read as 'Village - Joysagar Gaon'. As a result of allowing the
prater for correction, Paragraph-2 of the Judgment and Order dated 05.04.2025 would now be
read as under :-
2. In this writ petition instituted under Article 226 of the Constitution of India, the
petitioner has projected that the petitioner has come into possession of a plot of land
measuring 1 Bigha 2 Kathas 10 Lessas, covered by Dag no. 325 & Annual [Eksonia]
Patta no. 76, situate at Village - Joysagar Gaon, Mouza - Hologuri, District -
Sivasagar ['the subject-plot no. 1', for short], after executing a notarized Agreement
Page No.# 4/4
dated 10.03.2023 with the erstwhile possessor of the subject-plot no. 1. The
petitioner has stated that he came into possession of another plot of land measuring
2 Bighas 2 Kathas 10 Lessas, covered by Dag no. 325 & Annual [Eksonia] Patta no.
76, situate at the same village ['the subject-plot no. 2', for short] after execution of a
notarized Agreement dated 10.03.2023 with the previous possessor of the subject-
plot no. 2. The petitioner has stated that both subject-plots are adjacent to each other
and are under the same Dag no. 325 & Annual [Eksonia] Patta no. 76. After coming
into possession of the said two subject-plots measuring 4 Bighas in total, the
petitioner continued to be in occupation of the two subject-plots.
8. This order is to be treated as part and parcel of the Judgment and Order dated 05.04.2025
passed in W.P.[C] no. 1466/2025.
9. The interlocutory application is accordingly disposed of.
JUDGE
Comparing Assistant
