Gauhati High Court
Sumud Hojai vs The State Of Assam And 4 Ors on 30 July, 2025
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GAHC010014652023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/10/2023
SUMUD HOJAI
S/O- LATE K K HOJAI, R/O-VILL- DIBRAI, P.O AND P.S- HAFLONG, PIN-
788819, DIST- DIMA HASAO, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY, HILLS AREA
DEVELOPMENT, DISPUR, GHY- 781006
2:THE NC HILLS AUTONOMOUS COUNCIL
REP. BY THE PRINCIPAL SECRETARY (N)
HAFLONG
PIN- 788819
DIMA HASAO
ASSAM
3:THE SECRETARY
REVENUE SETTLEMENT AND REVENUE DEPTT
THE NC HILLS AUTONOMOUS COUNCIL
HAFLONG
PIN- 788819
DIMA HASAO
ASSAM
4:THE SECRETARY AND REVENUE OFFICER
NC HILLS AUTONOMOUS COUNCIL
HFLONG
PIN- 788819
DIMA HASAO
ASSAM
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5:SUKLA HAFLONGBAR
W/O- LATE HEMENDRA HAFLONGBAR
R/O- VILL- RANGAPUR
HARANGJAO
DIST- DIMAHASAO
PIN- 788818
ASSA
Advocate for the Petitioner : MR. M DAS, N K NEOG,MR. M DAS
Advocate for the Respondent : GA, ASSAM, MR V K BAROOAH (R-5),MR. K K DEY (R-5),SC,
DIMA HASAO
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
30.07.2025
Heard Mr. M. Das, learned counsel for the petitioner. Also heard Ms. D.D. Barman,
learned Additional Senior Govt. Advocate, Assam, appearing for the respondent No.1 and
Mr. R.M. Das, learned standing counsel for the respondents in N.C. Hills Autonomous
Council (NCHAC).
2. In this petition under Article 227 of the Constitution of India, the petitioner, namely,
Sumud Hojai has challenged the order dated 11.11.2022 (Annexure-XI) passed by the
learned Judge Subordinate, Dima Hasao Autonomous Council Court, Haflong, in L.D. Case
No.193/2022 and also the order dated 30.12.2022 (Annexure-XII) passed by the
Secretary Revenue, N.C. Hills Autonomous Council, Haflong, whereby the allotment of
land in favour of the petitioner's mother as well as the mutation order dated 06.12.2014
in favour of the petitioner was cancelled and the land was again mutated in two parts in
the name of Smt. Sukla Haflongbar.
3. Mr. Das, learned counsel for the petitioner submits that the father of the petitioner
had purchased a plot of land measuring 17 kathas, situated at Haflong Town-I, under
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periodic patta No.479 Dag No.171 and his father settled there and after the death of his
father, the name of his mother Smt. Urmila Hojai was settled in the year 1992. Thereafter,
the land in question was transferred in the name of the petitioner in the year 2014, in
Mutation Case No.48(H)/2004-2005, on 06.12.2014. Thereafter, the respondent No.5,
namely, Smt. Sukla Haflongbar filed a complaint before the Revenue & Settlement Officer,
N.C. Hills Autonomous Council with the allegation that the land in question was handed
over by Late Hamdon Mohan Haflongbar to her husband Late Hemendra Haflongbar and
therefore, she has requested that the matter should be solved and necessary steps should
be taken at the earliest. Then, on the basis of the said application, the Court of Judge
Subordinate registered a case, being L.D. Case No.193/2022 and in the said proceeding
statement of the petitioner's witnesses were not recorded and in fact, she was denied the
opportunity to cross-examine the witnesses of the other side.
4. Thereafter, vide impugned judgment and order dated 11.11.2022, the Court of
Judge Subordinate, has cancelled the mutation of the petitioner and directed that out of
17 kathas of land, the petitioner and his mother shall receive 4 kathas and the rest shall
be held by the petitioner therein, being the male descendant of Hamdon Mohan
Haflongbar, the original landholder of the dispute and thereafter, vide order dated
30.12.2022, the Secretary Revenue, N.C. Hills Autonomous Council allotted the land in
favour of the petitioner's mother as well as the mutation order dated 06.12.2014 in favour
of the petitioner were cancelled and the land was again mutated in two parts in the name
of Smt. Sukla Haflongbar and the petitioner.
5. Mr. Das further submits that though an appeal lies before the Judge, N.C. Hills
Autonomous Council Court against the impugned order dated 11.11.2022, passed by the
Court of learned Judge Subordinate, but the said post is lying vacant and now being held
by the Joint Secretary, who is also the In-Charge of Judge Subordinate, N.C. Hills
Autonomous Council, Haflong. Then being aggrieved, the present civil revision petition is
preferred challenging the said order dated 11.11.2022 and also the order dated
30.12.2022.
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6. Mr. Das further submits that in the meantime, the Autonomous Council vide order
dated 01.04.2023, had appointed the Judge, Council Court, Dima Hasao Autonomous
Council, in the resultant vacancy caused after retirement of Shri Allan Jeme and as such,
this matter may be remanded to the Court of learned Judge, Council Court, Dima Hasao
Autonomous Council and till disposal of the appeal by the said Court, the interim order
dated 23.01.2023, passed by this Court may be allowed to continue.
7. Mr. R.M. Das, learned counsel for the respondent No.5 and Ms. D.D. Barman,
learned Additional Senior Govt. Advocate for the respondent No.1 also submit that since
the Judge of the Council Court has already been appointed, the matter may be remanded
to the Court of learned Judge, however, Mr. Das has opposed extending the interim order.
8. Taking note of the submission of learned counsel for both the parties, this matter
stands remanded to the Court of learned Judge, Council Court, Dima Hasao Autonomous
Council and the parties are directed to appear before the said Court on 18.08.2025 and till
their appearance on 18.08.2025, the interim order passed by this Court shall continue.
Sd/- Robin Phukan
JUDGE
Comparing Assistant
