Page No.# 1/6 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 3071 Gua

Gauhati High Court

Page No.# 1/6 vs The State Of Assam And 5 Ors on 12 February, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                               Page No.# 1/6

GAHC010276602024




                                                         2025:GAU-AS:1468

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

                         Case No. : WP(C)/234/2025

         MS. SHAHNAZ RASUL MANSOOR @ SHAHNAZ RASUL AND 5 ORS.
         D/O LATE IFTAKUR RASUL @ ZIAUR RASUL, R/O DANISH, LAKHTOKIA,
         GUWAHATI-781001, ASSAM

         2: EVAN ZIAUR RASUL
          S/O LATE IFTAKUR RASUL @ ZIAUR RASUL
          R/O DANISH
          LAKHTOKIA
          GUWAHATI-781001
         ASSAM

         3: NAFISA RASUL
          D/O LATE IFTAKUR RASUL @ ZIAUR RASUL
          R/O DANISH
          LAKHTOKIA
          GUWAHATI-781001
         ASSAM

         4: ZOHEB RASUL
          S/O LATE IFTAKUR RASUL @ ZIAUR RASUL
          R/O DANISH
          LAKHTOKIA
          GUWAHATI-781001
         ASSAM

         5: MS. MAHLEQUA MAHBOOBULLAH
          D/O LATE SAYED MAHMMED MAHBOOBULLAH
          R/O DAAR-UL-NOOR
          DANISH ROAD
          LAKHTOKIA
          DIST- KAMRUP (M)
          GUWAHATI-781001
         ASSAM
                                                         Page No.# 2/6

6: JAVD IQBAL
 S/O LATE IQBQL RASUL
 R/O DAAR-UL-NOOR
 DANISH ROAD
 LAKHTOKIA
 DIST- KAMRUP (M)
 GUWAHATI-781001
ASSA

VERSUS

THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI, ASSAM, PIN-
781006

2:THE DISTRICT COMMISSIONER
 KAMRUP (M)
 LICHUBAGAN
 HENGRABARI
 DIST- KAMRUP (M)
 GUWAHATI
ASSAM
 PIN-781036

3:THE ADDITIONAL DISTRICT COMMISSIONER
 KAMRUP (M)
 HENGRBARI
 GUWAHATI
ASSAM
 PIN-781036

4:THE CIRCLE OFFICER
 GUWAHATI REVENUE CIRCLE
 ULUBARI
 PRESENTLY SITUATED AT NEAR DGP OFFICE
 ULUBARI
 GUWAHATI
ASSAM
 PIN-781007

5:MUSTT. SHAMIM SIRAJ HAZARIKA @ MUSTT. SHAMEEM SIRAJ
HAZARIKA
W/O LATE SIRAJ HAZARIKA
 R/O M.A. ROAD (NEAR HAWELI RESIDENCY)
 REHABARI
 P.O.-ULUBAZAR
 P.S.-PALTANBAZAR
                                                                                         Page No.# 3/6

                DIST- KAMRUP (M)
                ASSAM
                GUWAHATI-781008

                6:THE ASSAM BOARD OF REVENUE
                 PANBAZAR
                 DIST- KAMRUP (M)
                ASSAM
                 GUWAHATI-78100

Advocate for the Petitioner      : MR P S DEKA, MR. A CHETRY

Advocate for the Respondent : GA, ASSAM, SC, REVENUE




                                       BEFORE
                      HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                               ORDER

12.02.2025

Heard Mr. P.S. Deka, learned counsel for the petitioners; Ms. G. Hazarika, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 2, 3, 4 & 6.

2. In view of the nature of grievance raised in this writ petition and as agreed to by the learned counsel for the parties, this writ petition is taken up for consideration at the motion stage itself.

3. The petitioners have averred that they along with other legal heirs of one Late Iqbal Rasul inherited a plot of land measuring 1 Bigha 14.8 Lessas, covered by Dag no. 751 & Patta no. 49, situate at Village/Sahar - Ulubari Part - 1, Mouza - Ulubari, Guwahati Revenue Circle, District - Kamrup [M] ['the subject-plot', for short] and their names were duly recorded in the Record-of- Rights [Jamabandi] pursuant to order passed in mutation proceedings. The petitioners have alleged that the respondent no. 4 had illegally and arbitrarily deleted the names of the successor- in-interests of Late Iqbal Rasul including the petitioners, from the record-of-right in respect of the subject-plot, save and except the name of the respondent no. 5 viz. Mustt. Shamm Siraj Hazarika Page No.# 4/6

@ Mustt. Shameem Sijar Hazarika, without following proper procedure. Challenging the said action of the respondent no. 4, the petitioners have preferred an appeal before the respondent no. 2 under Section 147 read with Section 151 of the Assam Land and Revenue Regulation, 1886 ['the Regulation', for short] and the said appeal has been registered and numbered as Revenue Appeal no. [M] 38/2015-16. In the said appeal, the petitioners had also sought interim relief as the respondent no. 5 had, in the meantime, started some construction on the subject-plot.

4. The petitioners have stated that after registration of the appeal, Revenue Appeal no. [M] 38/2015-16, the appeal had been assigned by the respondent no. 2 to the respondent no. 3 for disposal. The respondent no. 3 after hearing the parties, passed an interim order on 29.01.2016 directing maintenance of status-quo upon the subject-plot till disposal of the revenue appeal.

5. The interim order dated 29.01.2016 passed by the respondent no. 3 was challenged by the respondent no. 5 as the appellant before the Assam Board of Revenue by way of an appeal, Revenue Appeal no. 56/2016. By a Judgment & Order dated 29.05.2018, the Assam Board of Revenue dismissed the appeal, Revenue Appeal no. 56/2016, without interfering with the interim order dated 29.01.2016 passed by the respondent no. 3 in Revenue Appeal no. [M] 38/2015-16. Assailing the Judgment & Order dated 29.05.2018 passed by the Assam Board of Revenue, the respondent no. 5 had preferred a writ petition, W.P.[C] no. 6040/2018. The writ petition, W.P.[C] no. 6040/2018 came up for consideration on 06.11.2019. The Court after hearing the learned counsel for the parties and upon perusal of the materials on record, disposed of the writ petition with a direction to the respondent no. 3 to dispose of the revenue appeal, Revenue Appeal no. [M] 38/2015-16 as expeditiously as possible, preferably within a period of three months from the date of receipt of a certified copy of the Order dated 06.11.2019, after giving proper opportunity of hearing to both the contesting parties. The Court had further observed that till disposal of the appeal on merits, the earlier interim order of status-quo dated 29.01.2016 would continue to hold the field.

6. Pursuant to the Order dated 06.11.2019 [supra], the petitioners submitted a certified copy of the said Order before the respondent no. 2 and the respondent no. 3 on 19.11.2019 along with all the supporting documents. As the revenue appeal, Revenue Appeal no. [M] 38/2015-16 has not yet been disposed of by the respondent no. 2 and the respondent no. 3 despite the direction Page No.# 5/6

made by this Court as far back as on 06.11.2019, the petitioners have approached this Court by the instant writ petition seeking a direction to the Appellate Authority to dispose of the revenue appeal, Revenue Appeal no. [M] 38/2015-16 on merits as expeditiously as possible.

7. When the writ petition was listed on 20.01.2025, the learned State Counsel was asked to obtain instructions as regards status of the revenue appeal, that is, Revenue Appeal no. [M] 38/2015-16 posting the case on 29.01.2025. On 29.01.2025, the learned State Counsel sought further time till 12.02.2025 to obtain necessary instructions. Today, Mr. Goswami, learned Junior Government Advocate, Assam, on the basis of instructions received by him, has submitted that the Appellate Authority has sought further time to submit their response in respect of the writ petition.

8. It is evident that the revenue appeal, Revenue Appeal no. [M] 38/2015-16 is pending since the year 2015-2016. After institution of the appeal, two further proceedings took place in the forms of [i] Revenue Appeal no. 56/2016; and [ii] W.P.[C] no. 6040/2018. The Revenue Appeal no. 56/2016 was dismissed on 29.01.2016 and thereafter, the writ petition was disposed of on 06.11.2019, meaning thereby, a period of more than five years have elapsed since the direction given by this Court on 06.11.2019. Yet, neither the respondent no. 2 nor the respondent no. 3 has disposed of the revenue appeal wherein the issue involved is deletion of the names of the petitioners from the Record-of-Rights [Jamabandi] in respect of the subject-plot.

9. Mr. Deka, learned counsel for the petitioners has submitted that the petitioners have recently received a notice dated 01.02.2025 from the Appellate Authority to appear before it for hearing on 07.02.2025. Thereafter, another notice stood issued on 10.02.2025 asking the petitioners as well as the respondent no. 5 to appear in the hearing, scheduled on 15.02.2025.

10. As about a decade since institution of the revenue appeal, Revenue Appeal no. [M] 38/2015-16 and a period of more than five years have elapsed since 06.11.2019, that is, since disposal of the writ petition directing the the Appellate Authority to dispose of the appeal as expeditiously as possible, preferably within a period of three months from the date of receipt of the certified copy of the order dated 06.11.2019, it appears that the actions on the part of the Appellate Authority which is seisin of the revenue appeal is prima facie suggestive of lack of Page No.# 6/6

earnestness and this Court is constrained to observe that such delay on the part of the Appellate Authority to dispose of the revenue appeal is not a matter to be appreciated.

11. The Hon'ble Supreme Court in Delhi Airtech Services Private Limited and another vs. State of Uttar Pradesh, [2011] 9 SCC 354, has observed that the officers are empowered to exercise the power on behalf of the State. The level of expectation of timely and just performance of duty is higher. The concept of public accountability and performance of functions takes in its ambit, proper and timely action in accordance with law.

12. Since the issue involved in the revenue appeal is relatable to the right to property, which is a constitutional right, the revenue appeal is required to be disposed of in a timely manner, more particularly, when there is direction to dispose it of on merits, as expeditiously as possible, preferably within a time period of three months from 06.11.2019.

13. In the above view of the matter, this Court is compelled to direct the Appellate Authority to dispose of the revenue appeal, Revenue Appeal no. [M] 38/2015-16 within a outer limit of 2 [two] months from today.

14. With the observation made and direction given above, the writ petition is disposed of.

15. Mr. Goswami, learned Junior Government Advocate, Assam shall communicate a copy of this order to the Appellate Authority [the respondent no. 2/the respondent no. 3] without delay.

JUDGE

Comparing Assistant