Page No.# 1/3 vs The State Of Assam And 3 Ors
2025 Latest Caselaw 794 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 3 Ors on 3 June, 2025

                                                                          Page No.# 1/3

GAHC010015802014




                                                                   2025:GAU-AS:7321

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

                                 Case No. : WP(C)/5058/2014

            MD. RAHMAN ALI
            S/O- LT. BAKHAR ALI, VILL. NO. 2 JALAH, P.O.- CHANGSARI, DIST.-
            KAMRUP , ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM,
            REVENUE DEPTT., DISPUR, GHY- 6.

            2:THE DY. COMMISSIONER
            AMINGAON
             KAMRUP
            ASSAM.

            3:THE CIRCLE OFFICER
             NORTH GUWAHATI REVENUE CIRCLE
            AMINGAON
             GUWAHATI.

            4:KASIM ALI
             S/O- LT. AHMED ALI
            VILL.- NO. 2 JALAH
             P.O.- CHANGSARI
             DIST.- KAMRUP
            ASSAM

Advocate for the Petitioner   : MS.K LAHKAR, MS.A MAHANTA,MR.A ALI,MS.M KHATUN

Advocate for the Respondent : MS.I CHOUDHURY, MR.S RAHMAN,GA, ASSAM,MR.S H
SIKDAR,MR.B K DAS
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                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                       ORDER

03.06.2025

1. Heard Mr. A. Ali, learned counsel for the petitioner. None appears for the private respondents, though, notices were duly served.

2. The petitioner claim to be legal owner of the disputed plot of land in question in village Jalah in the North Guwahati Revenue Circle. The petitioner is aggrieved by an order of mutation granted to one of his cousin brother Md. Kasim Ali (respondent No. 4). According to the petitioner, the father of the respondent No. 4, Ahmed Ali sold away his land measuring 3 Kathas 1 Lecha to one Haijan Ali.

3. It is the contention of the learned counsel for the petitioner that as the land in question was sold away by the father of the private respondents, the claim for mutation on that land made by the other sons of Ahmed Ali was rejected, earlier. However, mutation was granted to the respondent No. 4.

4. Being aggrieved, the petitioner challenged the mutation before the Additional Deputy Commission, Kamrup (R), however, such claim was also rejected by the said authority on 07.06.2013 in R.A. Case No. 6/12-13 and the resultant challenge to the Revenue Board was also rejected by impugned judgment dated 07.07.2014.

5. This Court has perused the order dated 20.01.1997 passed in Mutation Case No. 515/06-07 by the Circle Officer, North Guwahati Revenue Circle, rejecting the mutation as well as the order dated 07.06.2013 passed by the learned Additional Deputy Commissioner, Kamrup (R) in R.A. Case No. 6/12-13 and also the judgment dated 07.07.2014 passed in Case No. 67RA(K)/2013 by the Assam Board of Revenue.

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6. What is discernible from the aforesaid order(s) and judgments(s) are that the claim of the petitioner is based on sale deed and the claim of the respondent No. 4 is based on inheritance. And therefore, essentially the dispute is a civil dispute over title. Therefore, in the fitness of thing, the parties should be relegated to an appropriate civil Court for determination of their right, title, interest and possession inasmuch as the entire claims revolves around their right, title and interest over the land and such disputed questions cannot be determined by the Revenue Authorities.

7. Accordingly, the parties are relegated to the Civil Court, if they so desire, to settle their dispute which includes right, title, interest and possession as per law.

8. The orders impugned in this petition i.e. order dated 20.01.1997 passed in Mutation Case No. 515/06-07 by the Circle Officer, North Guwahati Revenue Circle as well as the order dated 07.06.2013 passed by the learned Additional Deputy Commissioner, Kamrup (R) in R.A. Case No. 6/12-13 and also the judgment dated 07.07.2014 passed in Case No. 67RA(K)/2013 by the Assam Board of Revenue, shall be subject to and depend upon determination of the dispute by the Civil Court, if the parties approach.

9. With the aforesaid, this writ petition stands disposed of.

JUDGE

Comparing Assistant