Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 15 Ors on 24 February, 2025
Author: K.R. Surana
Bench: Kalyan Rai Surana, Malasri Nandi
Page No.# 1/5
GAHC010078692024
2025:GAU-AS:1986-
DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/62/2025
BOSIR MIYA
S/O LT. BASIR MOHAMMED, VILL. DOBOKA SUTARGAON, W/NO.3,
MOUZA- JAMUNAMUKH, P.O. and P.S. DOBOKA, DIST- NAGAON, ASSAM
782440
VERSUS
THE STATE OF ASSAM AND 15 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, DEPARTMENT OF REVENUE ETC, DISPUR, GHY-6
2:THE ASSAM BOARD OF REVENUE
MEGHDOOT BHABAN ROAD
PANBAZAR
GHY-1
ASSAM
3:THE CIRCLE OFFICER
DOBOKA REVENUE CIRCLE
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
PIN-782440
4:ON THE DEATH OF AKRAM ALI
MUSTT. KAMELA BIBI
LEGAL HEIRS OF LT. AKRAM ALI
ALL ARE R/O AZAD NAGAR
DOBOKA TOWN
MOUZA- JAMUNAMUKH
Page No.# 2/5
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
5:ABDUL KARIM
LEGAL HEIRS OF LT. AKRAM ALI
ALL ARE R/O AZAD NAGAR
DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
6:JYOTSNA BEGUM
LEGAL HEIRS OF LT. AKRAM ALI
ALL ARE R/O AZAD NAGAR
DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
7:ABDUL OAHID
LEGAL HEIRS OF LT. AKRAM ALI
ALL ARE R/O AZAD NAGAR
DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
8:ABDUL RAHIM
LEGAL HEIRS OF LT. AKRAM ALI
ALL ARE R/O AZAD NAGAR
DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
9:RINA BEGUM
LEGAL HEIRS OF LT. AKRAM ALI
ALL ARE R/O AZAD NAGAR
DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
Page No.# 3/5
10:ABDUL HATIM
LEGAL HEIRS OF LT. AKRAM ALI
ALL ARE R/O AZAD NAGAR
DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
11:HASINA BEGUM
NO.3 TO 10 ARE THE LEGAL HEIRS OF LT. AKRAM ALI
ALL ARE R/O AZAD NAGAR
DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
12:SHAMIM AHMED TALUKDAR
R/O DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
13:SABIR AHMED TALUKDAR
R/O DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
14:REJAUL AHMED TALUKDAR
R/O DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
DIST- NAGAON
ASSAM
15:SAFIUL ISLAM TALUKDAR
S/O MUSTAFA AHMED TALUKDAR
16:JONAKI BEGUM
W/O MD. RAFIQUL ISLAM TALUKDAR
ALL ARE R/O DOBOKA TOWN
MOUZA- JAMUNAMUKH
P.O. and P.S. DOBOKA
Page No.# 4/5
DIST- NAGAON
ASSA
Advocate for the Petitioner : T A LASKAR, MS. P KHATUN,MR. D K AGARWALA
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 24.02.2025
(K.R. Surana, J)
Heard Mr. T.A. Laskar, learned counsel for the appellant. Also heard Ms.
N. Bordoloi, learned counsel standing counsel for the Revenue Department,
representing respondent nos. 1 and 2 and Mr. P. Sarmah, learned Addl. Senior
Govt. advocate appearing for respondent no.3.
2. By filing this intra court appeal, the appellant who is the writ petitioner
has assailed the order dated 14.03.2024 passed by the leaned Single Judge in
WP(C) 76/2014. By the said order, the challenge made by the appellant to the
order dated 06.12.2013 passed by the learned Board of Revenue in Case No.
4RA(N)(RVW)/2013 was dismissed.
3. The learned counsel for the appellant has submitted that the order
passed in the said review petition on 06.12.2013 was assailed on the ground
that although the order under review was modified, nonetheless, a direction was
issued for modification of the order dated 30.08.2007, passed in Mutation Case
No. 413/96-97 passed by the Circle Officer, Doboka by providing as follows:
"In view of such findings though we are of the opinion that actually there are no any
error apparent on the face of the record, but for further clarification and understating
of the parties as well as Circle Officer, Hojai, we feel it necessary to modify the
Page No.# 5/5
operative part of the judgment dated 13.12.2012 passed in 89(N)/2011"
4. After some deliberation, on the query of the Court, the learned
counsel for the appellant has submitted that after the passing of the order dated
14.03.2024 in WP(C) 76/2014, the appellant herein has also filed a title suit,
registered and numbered as TS 139/2024, which is pending for disposal before
the Court of learned Civil Judge, Hojai.
5. Accordingly, in view of the submissions made by the learned counsel
for the appellant that in respect of the suit land in dispute, the appellant,
namely, Md. Bosir Miya has already filed TS 139/2024, which is pending for
disposal before the Court of learned Civil Judge, Hojai, Sankardev Nagar, the
Court is of the considered opinion that as it is a well settled law that the decree,
if any, passed in the suit shall always prevail over the orders of mutation, the
Court is not inclined to entertain this intra court appeal as the appellant has
already approached the Civil Court for an appropriate remedy.
6. Accordingly, none of the parties to the suit i.e. T.S No. 139/2024,
referred above, shall be prejudiced by the following, viz., (1) order dated
19.11.2001 passed by the Deputy Commissioner (R), Nagaon in M.A. Case No.
81/08-09, (2) order dated 13.12.2012 passed in Appeal No. 89RA(N)/2011 by
the Board of Revenue, and (3) order dated 06.12.2013 in Case No. 4RA(N)
(RVW)/2013 by the Board of Revenue. This order shall be subject to decree, if
any, in the said TS 139/2024.
7. With the said observations, this appeal stands closed without issuance
of notice on the respondents.
JUDGE JUDGE
Comparing Assistant
