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Gauhati High Court
Debajit Dutta vs The State Of Assam 13 Ors on 8 December, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/5
GAHC010239032025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6616/2025
DEBAJIT DUTTA
SON OF LATE KHAGEN DUTTARESIDENT OF BOKUL MAJ GAON, .OAND
P.S. LAHOAL, DISTRICT DIBRUGARH,ASSAM.
VERSUS
THE STATE OF ASSAM 13 ORS.
REPRESENTED BY THE COMMISSIONERAND SECRETARY TO THE
GOVERNMENT OFASSAM, REVENUE AND DISASTERMANAGEMENT
DEPARTMENT DISPUR,ASSAM.
2:THE DISTRICT COMMISSIONER
DIBRUGARH
DISTRICT- DIBRUGARH
ASSAM.
3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE)
DIBRUGARH
DISTRICT- DIBRUGARH
ASSAM.
4:THE CIRCLE OFFICER
EAST REVENUE CIRCLE
DIBRUGARH DISTRICT DIBRUGARH
ASSAM
5:SMTI. AMINA BEGUM
WIFE OF LATE WASIK ALI
RESIDENTS OF PANCHALI BESIDES A.T. ROAD
MAROWARIPATTY WARD
P.O
P.S AND DISTRICT DIBRUGARH PIN-786001
Page No.# 2/5
6:SRI NASER NAWAZ ALI
SON OF LATE WASIK ALI
RESIDENTS OF PANCHALI BESIDES A.T. ROAD
MAROWARIPATTY WARD
P.O.
P.S AND DISTRICT DIBRUGARH PIN-786001.
7:SRI WARIS IBAD ALI
SON OF LATE WASIK ALI
RESIDENTS OF PANCHALI BESIDES A.T. ROAD
MAROWARIPATTY WARD
P.O
P.S AND DISTRICT DIBRUGARH PIN-786001
8:MD. NASIM WAZID ALI
SON OF LATE ASHRAF ALI
RESIDENTS OF PANCHALI BESIDES A.T. ROAD
MAROWARIPATTY WARD
P.O
P.S AND DISTRICT DIBRUGARH PIN-786001
9:MD. SHAMSHER ASHRAF ALI
SON OF LATE ASHRAF ALI.
RESIDENTS OF PANCHALI BESIDES A.T. ROAD
MAROWARIPATTY WARD
P.O
P.S AND DISTRICT DIBRUGARH PIN-786001.
10:SRI YUSUF ALI
SON OF LATE WASIF ALI
RESIDENTS OF PANCHALI BESIDES A.T. ROAD
MAROWARIPATTY WARD
P.O
P.S AND DISTRICT DIBRUGARH PIN-786001
11:SMTI. HABIBA BEGUM
DAUGHTER OF LATE WASIF ALI
RESIDENTS OF PANCHALI BESIDES A. T. ROAD
MAROWARIPATTY WARD
P.O
P.S AND DISTRICT DIBRUGARH PIN- 786001
Page No.# 3/5
12:SMTI. ELA BEGUM
DAUGHTER OF LATE WASIF ALI
RESIDENTS OF PANCHALI BESIDES A.T. ROAD
MAROWARIPATTY WARD
P.O
P.S AND DISTRICT DIBRUGARH PIN-786001.
13:ASOM ESTATE DEVELOPERS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES
ACT
HAVING ITS REGISTERED OFFICE AT PALTAN BAZAR
NEAR N.C.C HEAD QUARTER
P.O.
P.S AND DISTRICT DIBRUGARH
ASSAM
PIN-786005
REPRESENTED BY ONE OF ITS DIRECTOR
NAMELY SRI WASHIM HUSSAIN SAJLI
SON OF LATE REAZUL HUSSAIN RESIDENT OF PALTAN BAZAR
NEAR N.C.C HEAD QUARTER
P.O
P.S AND DISTRICT DIBRUGARH
ASSAM
PIN-786005.
14:THE ASSAM BOARD OF REVENUE
GUWAHATI
ASSA
Advocate for the Petitioner : MR. A K GUPTA, MS M NIROLA
Advocate for the Respondent : SC, REVENUE, FOR CAVEATOR,MR. A M DUTTA,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
08.12.2025
Heard Shri P.J. Saikia, learned Senior Counsel assisted by Shri A.K. Gupta,
learned counsel for the petitioner.
Page No.# 4/5
The petitioner has put to challenge an order dated 17.06.2025 passed by the
learned Assam Board of Revenue whereby the appeal filed by the respondent nos. 5
to 12 has been allowed.
It is the case of the petitioner that vide a registered Sale Deed dated
07.04.2022, the property was purchased followed by a mutation order on 15.12.2022.
However, the said mutation was cancelled on 25.04.2023 on the ground that the
Power of Attorney given by the respondent nos. 5 to 12 was revoked on 25.09.2022.
Since notice was not served on the petitioner, the petitioner had approached the ADC
who had recalled the earlier order of cancellation dated 25.04.2023 and this action
was the subject matter of challenge in the appeal preferred before the learned ABR.
Let notice be issued, returnable by 6 (six) weeks.
Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department accepts
notice on behalf of the respondent no. 1, Shri H. Sharma, learned Addl. Senior
Government Advocate, Assam accepts notice on behalf of the respondent nos. 2, 3, 4
and Shri A. M. Dutta, learned counsel assisting Shri M.Z. Ahmed, learned Senior
Counsel for the Caveator accepts notice on behalf of the respondent nos. 5 to 12.
Extra copies of the writ petition be served upon the learned counsel for the
respondents within 2 (two) working days from today.
Steps for service of notice upon the respondent nos. 13 and 14 be taken by
Speed Post with A/D.
Steps within 2 (two) working days.
Shri Saikia, the learned Senior Counsel for the petitioner prays for an interim
order which however is resisted by Shri Ahmed, the learned Senior Counsel appearing
for the respondent nos. 5 to 12.
Considering that sufficient time has elapsed since the impugned judgment dated
17.06.2025, while this Court is not inclined to pass any blanket order, it is provided
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that status quo as on today be maintained till the next returnable date.
JUDGE
Comparing Assistant
