Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 7 Ors on 22 January, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010010212025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/258/2025
ABDUL LATIF PRODHANI AND 4 ORS
S/O ABDU MOZID PRODHANI,
RESIDENT OF VILLAGE NORTH RAIPUR PART I, PO AND PS GOLAKGANJ,
DIST DHUBRI, ASSAM 783334
2: ABDUL QUAYYUM PRODHANI
S/O ABDU MOZID PRODHANI
RESIDENT OF VILLAGE NORTH RAIPUR PART I
PO AND PS GOLAKGANJ
DIST DHUBRI
ASSAM 783334
3: ABDUL KADER PRODHANI
S/O ABDU MOZID PRODHANI
RESIDENT OF VILLAGE NORTH RAIPUR PART I
PO AND PS GOLAKGANJ
DIST DHUBRI
ASSAM 783334
4: ABUBAKKAR SIDDIQUE PRODHANI
S/O ABDU MOZID PRODHANI
RESIDENT OF VILLAGE NORTH RAIPUR PART I
PO AND PS GOLAKGANJ
DIST DHUBRI
ASSAM 783334
5: ABU HUSSAIN PRODHANI
S/O ABDU MOZID PRODHANI
RESIDENT OF VILLAGE NORTH RAIPUR PART I
PO AND PS GOLAKGANJ
Page No.# 2/5
DIST DHUBRI
ASSAM 78333
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSM, REVENUE DEPARTMENT, DISPUR GUWAHATI ASSAM 781006
2:THE DISTRICT COMMISSIONER
DHUBRI
ASSAM 783370
3:THE SETTLEMENT OFFICER
DHBRI
ASSAM
4:THE ASSISTANT SETTLEMENT OFFICER
GOLAKGANJ REVENUE CIRCLE
DHUBRI
ASSAM
5:SAHIDUR RAHMAN PRODHANI
S/O ABDUL MONOWAR PRODHANI
RESIDENT OF VILLAGE NORTH RAIPUR PART I
PO AND PS GOLAKGANJ
DIST DHUBRI
ASSAM 783334
6:JAHANGIR ALAM PRODHANI
S/O LATE ABDUL MONOWAR PRODHANI
RESIDENT OF VILLAGE NORTH RAIPUR PART I
PO AND PS GOLAKGANJ
DIST DHUBRI
ASSAM 783334
7:ABDUL HAI PRODHANI
S/O LATE ASIMUDDIN PRODHANI
RESIDENT OF VILLAGE NORTH RAIPUR PART I
PO AND PS GOLAKGANJ
DIST DHUBRI
ASSAM 783334
Page No.# 3/5
8:ON THE DEATH OF ABDUL RAHMAN PRODHANI
HIS LEGEL HEIRS LUTFUR RAHMAN
S/O LATE ABDUL RAHMAN PRODHANI
RESIDENT OF VILLAGE NORTH RAIPUR PART I
PO AND PS GOLAKGANJ
DIST DHUBRI
ASSAM 783334
9:ATAUR RAHMAN PRODHANI
S/O LATE ABDUL RAHMAN PRODHANI
RESIDENT OF VILLAGE NORTH RAIPUR PART I
PO AND PS GOLAKGANJ
DIST DHUBRI
ASSAM 783334
10:ATIQUR RAHMAN PRODHANI
S/O LATE ABDUL RAHMAN PRODHANI
RESIDENT OF VILLAGE NORTH RAIPUR PART I
PO AND PS GOLAKGANJ
DIST DHUBRI
ASSAM 78333
Advocate for the Petitioner : MS. R CHOUDHURY, MD. MEMON AHMED,MR. RASHIDUL
ISLAM
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
22.01.2025
Heard Ms. R. Choudhury, learned counsel for the petitioners; Ms. P.R. Mahanta, learned
Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1;
and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 2,
3 & 4.
Page No.# 4/5
2. The petitioner, 5 [five] in nos., have claimed that they had inherited two plots of land
[i] measuring 1 Bigha 3 Kathas 6 Lessas, covered by Dag no. 628[old]/618[new]; and [ii] 1
Bigha 4 Kathas 10 Lessas, covered by Dag no. 651[old]/579[new]; under Khatian no. 37,
from their father Late Abdul Mozid Prodhani, who purchased these plots of land through a
registered sale deed dated 29.01.1983. The respondent no. 5 and the respondent no. 6 who
are the sons of the brother of Late Abdul Mozid Prodhani, claimed ownership and title in
respect of the afore-said two plots of land on the strength of a gift-deed claiming that the gift
deed was purportedly executed by Late Abdul Mozid Prodhani. The petitioners have claimed
that the gift-deed to be a forged one. On an application being made by the respondent no. 5
and the respondent no. 6, the respondent no. 4 registered a case, Misc. Case no. 21 of 2017
and the said case came to be disposed of by the respondent no. 3 vide an Order dated
03.12.2019 holding that the dispute was civil in nature. Aggrieved by the order dated
03.12.2019, the respondent no. 5 and the respondent no. 6 approached the Board of
Revenue, Assam by way of an appeal, Case no. 11 R.A. [DBR]/2020. The Board of Revenue,
Assam by a Judgment and Order dated 26.12.2024 has allowed the appeal, with a direction
to the appellants therein to approach the concerned Assistant Settlement Officer/Circle Officer
to get mutation of the land records as per the gift-deed.
3. Ms. Choudhury, learned counsel appearing for the petitioners has submitted that the
Board of Revenue, Assam while deciding the appeal, has also decided about the matter of
ownership and title of the two plots of land, which is beyond the jurisdiction of the Board of
Revenue, Assam.
4. Issue notice, returnable in 4 [four] weeks.
5. As Ms. Mahanta, learned Standing Counsel, Revenue & Disaster Management
Department has appeared and accepted notices on behalf of the respondent no. 1; and Mr.
Handique, learned Junior Government Advocate, Assam has appeared and accepted notices
on behalf of the respondent nos. 2, 3 & 4, issuance of formal notices to the said respondents
stands dispensed with. However, the learned counsel for the petitioners shall furnish requisite
nos. of extra copies of the writ petition along with the annexures each to the learned counsel
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for the respondents within 3 [three] working days from today.
6. The petitioners shall take steps for service of notice upon the respondent no. 5, the
respondent no. 6, the respondent no. 7 and the respondent no. 8 by registered post with A/D
within 3 [three] working days from today.
7. Having regard to the projection made on behalf of the petitioners that the Board of
Revenue, Assam while deciding the appeal, has also decided the matter of ownership and
title of the two plots of land under reference, it is observed, that as an ad-interim measure,
the operation of the impugned Judgment and Order dated 26.12.2024 passed in the revenue
appeal, Case no. 11 R.A. [DBR]/2020 shall be kept in abeyance, till the returnable date.
8. List the case after 4 [four] weeks.
JUDGE
Comparing Assistant
