Page No.# 1/4 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 5789 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 5 Ors on 26 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                               Page No.# 1/4

GAHC010139892025




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

                           Case No. : WP(C)/3695/2025

         ASIYA BIBI AND 7 ORS
         W/O LATE KHAIMMUDDIN SK.

         2: AYUB HUSSAIN @ AYUB ALI

          S/O LATE KHAIMUDDIN SK.

         3: HANIF ALI

          S/O LATE KHAIMUDDIN SK.

         4: HAFIZUR RAHMAN

          S/O LATE KHAIMUDDIN SK.

         5: RUPALI BEGUM

          D/O LATE KHAIMUDDIN SK.


         6: RUBIDA BEGUM

          D/O LATE KHAIMUDDIN SK.

         7: ROZENA BEGUM

          D/O LATE KHAIMUDDIN SK.

         8: ARIF HUSSAIN

          S/O LATE KHAIMUDDIN SK.
          ALL ARE R/O VILL. BHIMAPARA
          P.O. HATSINGIMARI
          DIST. SOUTH SALMARA MANKACHAR
                                                     Page No.# 2/4

ASSAM
PIN 78313

VERSUS

THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM,
REVENUE (REFORMS) AND DISASTER MANAGEMENT DEPTT., DISPUR,
GUWAHATI 06

2:THE DIST. COMMISSIONER

SOUTH SALMARA MANKACHAR
P.O. HATSINGIMARI
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN 783135

3:THE SETTLEMENT OFFICER

DHUBRI
P.O. AND DIST. DHUBRI
ASSAM
PIN 783301

4:THE ASSTT. SETTLEMENT OFFICER

MANKACHAR
AT HATSINGIMARI
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN 783135

5:THE CIRCLE OFFICER

MANKACHAR REVENUE CIRCLE
AT MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131

6:MOHILAL CHURIWAL

S/O LATE BHOBORIAL CHURIWAL
R/O VILL P.O. AND P.S. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN 78313
                                                                          Page No.# 3/4


Advocate for the Petitioner   : MR. M KHAN, MS J AKTAR,MR A K DAS

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




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

26.06.2025

Heard Shri M. Khan, learned counsel for the petitioners, who are aggrieved by the judgment dated 07.03.2025 passed by the learned Assam Board of Revenue in case no.17RA (DBR)/2020.

By the impugned judgment, the order dated 30.12.2017 passed by the Settlement Officer has been set aside with a further direction to restore the name of the private respondent no. 6 in the land record.

The petitioners have also been directed to vacate the disputed land.

The learned counsel submits that the subject matter was raised by the respondent no. 6 earlier by Title Suit No. 65/2023 and it is the competent Civil Court which would be the Jurisdictional Court to issue such direction.

Let notice be issued, returnable by 4 (four) weeks.

Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department accepts notice on behalf of the respondent no. 1 whereas Shri H. Sharma, learned Addl. Senior Government Advocate, Assam accepts notice on behalf of the respondent nos. 2 to 5.

Extra copies of the writ petition be served upon the learned counsel for the respondents by tomorrow, i.e., 27.06.2025.

Page No.# 4/4

Steps for service of notice upon the respondent no. 6 be taken by registered post with A/D within 2 (two) working days from today.

Heard the learned counsel on the interim prayer.

Let notice be issued on the interim prayer also.

It is however directed that till the next date fixed, the petitioners are not to be dispossessed from the land in question.

Since this interim order has been passed ex parte qua the private respondent, they shall have the liberty to apply for modification / alteration of the same.

JUDGE

Comparing Assistant