Gauhati High Court
Page No. 1/5 vs The State Of Assam And 8 Ors on 17 November, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/5
GAHC010249882025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6421/2025
LILADHAR KALITA AND 3 ORS.
S/O LT. BASANTA KALITA, R/O VILL SUNDARBARI, P.O- GAUHATI
UNIVERSITY, P.S- JALUKBARI, DIST- KAMRUP (M), ASSAM, PIN- 781014
2: HEMKANTA KALITA
S/O LT. BASANTA KALITA
R/O VILL SUNDARBARI
P.O- GAUHATI UNIVERSITY
P.S- JALUKBARI
DIST- KAMRUP (M)
ASSAM
PIN- 781014
3: NITYANANDA KALITA
S/O LT. BASANTA KALITA
R/O VILL SUNDARBARI
P.O- GAUHATI UNIVERSITY
P.S- JALUKBARI
DIST- KAMRUP (M)
ASSAM
PIN- 781014
4: BANAMALI KALITA
S/O LT. BASANTA KALITA
R/O VILL SUNDARBARI
P.O- GAUHATI UNIVERSITY
P.S- JALUKBARI
DIST- KAMRUP (M)
ASSAM
PIN- 78101
VERSUS
THE STATE OF ASSAM AND 8 ORS.
Page No. 2/5
REPRESENTED BY ITS COMMISSIONER AND SECRETARY, REVENUE AND
DISASTER MANAGEMENT DEPARTMENT, GOVT. OF ASSAM, DISPUR,
GUWAHATI- 6
2:THE DISTRICT COMMISSIONER
KAMRUP (M)
ASSAM
3:THE ADDITIONAL DISTRICT COMMISSIONER
KAMRUP (M)
ASSAM
4:JANAJIT DAS
S/O LATE JATIN DAS
R/O VILLAGE AND P.O DHARAPUR
P.S AZARA
DISTRICT KAMRUP (M)
ASSAM
PIN- 781017
5:SMT LABANNYA KALITA
W/O LATE NAREN KALITA
RO VILL. AND P.O DHARAPUR
DHOPORTOL
P.S AZARA
DIST KAMRUP (M)
ASSAM
PIN- 781017
6:MUNINDRA KALITA
S/O LATE NAREN KALITA
RO VILL. AND P.O DHARAPUR
DHOPORTOL
P.S AZARA
DIST KAMRUP (M)
ASSAM
PIN- 781017
7:NAYAN KALITA
S/O LATE NAREN KALITA
RO VILL. AND P.O DHARAPUR
DHOPORTOL
P.S AZARA
DIST KAMRUP (M)
ASSAM
PIN- 781017
8:UTPAL KALITA
Page No. 3/5
S/O LATE NAREN KALITA
RO VILL. AND P.O DHARAPUR
DHOPORTOL
P.S AZARA
DIST KAMRUP (M)
ASSAM
PIN- 781017
9:APURBA KALITA
S/O LATE NAREN KALITA
RO VILL. AND P.O DHARAPUR
DHOPORTOL
P.S AZARA
DIST KAMRUP (M)
ASSAM
PIN- 78101
Advocate for the Petitioner : MR. M A SHEIKH, S S AHMED
Advocate for the Respondent : SC, REVENUE, GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 17.11.2025
Heard Mr. M.A. Sheikh, learned counsel for the petitioners; Ms. G. Hazarika, learned
Standing Counsel, Revenue Department for the respondent no. 1; and Mr. N. Goswami,
learned Junior Government Advocate, Assam for the respondent nos. 2 & 3.
2. The petitioners have claimed that they are the owners of a plot of land, measuring 4
Bighas 2 Kathas 10 Lessas [04B-02K-10L], covered by Dag no. 1857 & Patta no. 401, situate
at Village - Mazirgaon, Mouza - Ramcharani, District - Kamrup [M] ['the subject-plot', for
short] by virtue of inheritance and by purchase through registered sale deeds. Subsequently,
their names are mutated in respect of the subject-plot. The subject-plot came under a land
acquisition proceeding initiated vide LA Case no. 04/2018/330 and the process culminated
into an Award dated 15.12.2020 assessing the compensation amount @ Rs. 1,68,75,000.00.
3. The respondent no. 4 had made an application before the respondent no. 3 under
Section 170 read with Sections 164/164A/164B/165 of the Assam Land and Revenue
Regulations, 1886 assailing the legality and validity of an Order dated 23.03.1999 passed by
the Circle Officer, Azara Revenue Circle granting mutation in favour of the petitioners in
respect of the subject-plot. The application was registered as Revenue Appeal no. RA[M]
21/2018. By a Judgment and Order passed on 05.10.2021, the respondent no. 3 set aside the
impugned Order dated 23.03.1999 passed by the Circle Officer, Azara Revenue Circle. It was
further directed to carry out the necessary corrections in the records of rights in respect of
the subject-land in favour of the rightful owners of the land, that is, the legal heirs of Rajani
Kanta Das, namely, Sri Binod Behari, Sri Giri Bala Das, Sri Padma Lochan Das, Sri Bana Bilash
Das, Smti. Renu Das and Sri Janjit Das [the respondent no. 3]. When the petitioners
preferred an appeal, Case no. 47RA[K]/2021 against the Order dated 05.10.2021, before
Assam Board of Revenue, Guwahati, the appeal was also dismissed by an Order dated
05.08.2025.
4. Mr. Sheikh, learned counsel for the petitioners has submitted that the respondent no.
3, by the impugned Order dated 05.10.2021, had not only cancelled the Mutation Order
granted by the Circle Officer, Azara Revenue Circle on 23.03.1999 but had also cancelled the
registered sale deed. It is his contention that the respondent no. 3 did not have the authority
and jurisdiction to cancel a registered sale deed as the same is within the authority and
jurisdiction of only a civil court.
5. Mr. Goswami, learned Junior Government Advocate, Assam has submitted that it has
clearly been brought on record that the subject-plot is inside a Tribal Belt/Block and the
matter of sale and purchase of the subject-plot is governed by Chapter X of the Assam Land
and Revenue Regulations Act, 1886. Since the petitioners do not come within the category of
persons or community who can purchase a plot of land in a Tribal Belt/Block, any purchase by
them would be clearly void and as such, no interference is called for with the Order dated
05.10.2021 passed by the respondent no. 3 as well as the Order dated 05.08.2025 passed by
the Assam Board of Revenue, Guwahati.
6. The matter would require consideration.
7. The case records of Revenue Appeal no. RA[M] 21/2018 and Case no. 47RA[K]/2021
be called for.
8. Issue notice, returnable in 4 [four] weeks.
9. As Ms. Hazarika has appeared and accepted notice on behalf of the respondent no. 1;
and Mr. Goswami has appeared and accepted notices on behalf of the respondent nos. 2 & 3,
issuance of formal notice on behalf of the said respondents stand dispensed with. The
learned counsel for the petitioner shall serve requisite nos. of extra copies of the writ petition
along with annexures, to Ms. Hazarika and Mr. Goswami within 2 [two] working days from
today.
10. The petitioner shall take steps for service of notice upon the respondent nos. 4 - 9 by
speed post within 2 [two] working days from today.
11. It is submitted on behalf of the petitioner that though the Award has been passed on
15.12.2020 for compensation amount of Rs. 1,68,75,000.00, the amount has not yet been
disbursed either in favour of the petitioners or in favour of the respondent nos. 4 - 9 till date.
It is projected that in the event the compensation amount is disbursed in favour of the
respondent nos. 4 - 9 during the pendency of the writ petition, the petitioner should suffer
prejudice. Having regard to the projections so made, it is ordered, in the interim, that if the
compensation amount assessed by the Award dated 15.12.2020 has not yet been disbursed
then the same shall not be disbursed to any one till the returnable date.
JUDGE
Comparing Assistant
