Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 9 Ors on 6 November, 2025
Page No.# 1/4
GAHC010166242022
2025:GAU-AS:14940
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5493/2022
PRANAB MAHANTA
S/O- LATE PADMA RAM MAHANTA,
R/O- BOKO , BARPARA (BAZAR),
DIST- KAMRUP,
P.S- BOKO,
PIN-781123, ASSAM
VERSUS
THE STATE OF ASSAM AND 9 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
DISPUR, GUWAHATI-6.
2:THE DEPUTY COMMISSIONER
KAMRUP AT AMINGAON
ASSAM
PIN-781039
3:THE ADDITIONAL DEPUTY COMMISSIONER
KAMRUP AT AMINGAON
ASSAM
PIN-781039
4:THE CIRCLE OFFICER
BOKO REVENUE CIRCLE
BOKO
ASSAM
PIN-781123
5:AS PER ORDER DATED 07.09.2022
RESP. NO. 5 IS DELETED.
Page No.# 2/4
6:MIRA KALITA
W/O- LATE SAILEN KALITA
7:RUPAM KALITA
S/O- LATE SAILEN KALITA
8:NIRUBALA KALITA
W/O- LATE DINESH KALITA
9:MALATI KALITA
W/O- LATE PRABHAT KALITA
10:BINA RANI KALITA
W/O- LATE GAJIN KALITA
NO. 6 TO NO.10 ALL ARE
R/O - RAMPUR
BAJIPARA
P.S- PALASHBARI
DIST- KAMRUP
ASSAM, PIN-78113
Advocate for the Petitioner : MR. A DHAR, MD F FARIDI,MISS S ROY
Advocate for the Respondent : GA, ASSAM, MR B C TALUKDAR (r- 6 to 10),MR K TALUKDAR
(r- 6 to 10),SC, REVENUE
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
06.11.2025
1. Heard Mr. A Dhar, learned counsel for the petitioner. Also heard Mr. BC
Talukdar, learned counsel for the private respondent, Mr. SS Roy, learned
counsel for the respondent Nos. 2,3 and 4 and Ms. G Hazarika, learned counsel
for the respondent No. 1.
2. The petitioner herein had filed an application under Rule 116 of the
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Assam Land and Revenue Regulation before the Additional Deputy
Commissioner, Kamrup at Amingaon for striking off the names of predecessor-
in-interest of the respondent Nos. 6,7 and 8 to 10 from revenue records with
further a prayer for insertion of the name of the petitioner in respect of the land
covered by Dag No. 236 of KP Patta No. 62.
3. The Additional Deputy Commissioner declined to allow such prayer
and accordingly, the petition was dismissed by an order dated 03.10.2019.
4. Being aggrieved by such order, the petitioner preferred an appeal
before the Assam Board of Revenue, which was registered as Case No. 69 RA
(K)/2019.
5. The learned Board of Revenue by its impugned judgment dated
15.07.2022 dismissed the appeal preferred by the petitioner. Such order is
assailed in the present writ petition.
6. In nutshell, the claim of the petitioner herein is based on the record of
right maintained by the revenue authority inasmuch as it is the claim of the
petitioner that his grandfather was the pattadar of the disputed land, which can
be ascertained from the jamabandi/ draft chitha of the year 1923- 1928 and
1957-1964. It is his case that ignoring such record of right, the name of the
private respondents were incorporated.
7. On the other hand, it is the claim of the private respondent that their
predecessor-in-interest were initially under annual patta, which was
subsequently converted into periodic patta on payment of premium to the
Government.
8. From the aforesaid, what is seen is that foundational claim relates to
the title of the predecessor-in-interest of the petitioner and the counter claim of
the respondents being patta holder.
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9. In that view of the matter, this court has opined during the course of
hearing that adjudication of such fact may not be permissible, either before the
revenue authorities or before this court in exercise of its power under Article
226 of the Constitution of India inasmuch the parties, whose title is clouded is
to ascertain the same before appropriate court.
10. The learned counsel for the parties have also submitted that it will be
interest of both the parties to relegate the matter to the civil court.
11. Considering the above, the writ petition stands disposed of relegating
either of the parties, who desire, may approach the appropriate civil court for
remedy available to them and to establish their claims.
12. Taking note of the controversy involved and also taking note of the
claim of both the parties that both are possessing the parts of the land in
dispute, it is provided that till approaching the competent civil court, and / or till
determination of such civil dispute that may be filed, the status quo of the land
as regards its possession be maintained by both the parties.
13. It is needless to say that the order impugned in the present proceeding
shall be subject to the outcome of the civil suit that may be filed. It is also
clarified that the civil court should not be influenced either by any observation
made by this court or the determination made by the revenue authorities/
Assam Board of Revenue and decide the matter on its own merit/ pleading/
evidence that may be adduced by the parties.
14. Accordingly, the writ petition stands disposed of with the aforesaid
observation and discussion. Parties to bear their own costs.
JUDGE
Comparing Assistant
