Sri Motilal Pasi vs The State Of Assam And Ors
2025 Latest Caselaw 8053 Gua

Gauhati High Court

Sri Motilal Pasi vs The State Of Assam And Ors on 27 October, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                     Page No.# 1/4

GAHC010222052025




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

                           Case No. : WP(C)/6072/2025

         SRI MOTILAL PASI
         S/O- LATE HARI NARAYAN PASI.
         R/O- TARAPUR PART- VIII, P.O AND P.S- TARAPUR, DISTRICT- CACHAR,
         ASSAM, PIN- 788003



         VERSUS

         THE STATE OF ASSAM AND ORS
         REPRESENTED BY THE SECRETARY, REVENUE (DM), LR DEPARTMENT,
         DISPUR, GUWAHATI

         2:THE DISTRICT COMMISSIONER
          CACHAR
          SILCHAR 1
         ASSAM

         3:THE SETTLEMENT OFFICER
          CACHAR
          SILCHAR 1
         ASSAM

         4:THE MUNICIPAL COMMISSIONER
          SILCHAR MUNICIPAL CORPORATION EARLIER KNOWN AS SILCHAR
         MUNICIPAL BOARD
          SILCHAR
          CACHAR
         ASSAM
          PIN- 788001

         5:THE EXECUTIVE OFFICER
          SILCHAR MUNICIPAL CORPORATION
          SILCHAR
                                                                       Page No.# 2/4

             CACHAR
             ASSAM
             PIN- 788001

            6:THE ASSISTANT SETTLEMENT OFFICER
             SILCHAR SADAR REVENUE CIRCLE
             SILCHAR
             CACHAR.

            7:SRI GUPI NUNIA
             S/O- LATE SIU PRASAD NUNIA.
            R/O- TARAPUR PART- VIII
             P.O AND P.S- TARAPUR
             DISTRICT-CACHAR
            ASSAM
             PIN- 788003

            8:SRI RAJ KUMAR NUNIA
             S/O- LATE GANGA RAM NUNIA.
            R/O- TARAPUR PART- VIII
             P.O AND P.S -TARAPUR
             DISTRICT- CACHAR
            ASSAM
             PIN -78800

Advocate for the Petitioner   : MR. I ALAM, MR. A. DAS,MR. T SK

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




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 27.10.2025

Heard Mr. B.K. Ghosh, learned counsel for the petitioner; 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 & 6.

2. The petitioner has claimed that the petitioner was a Khatian holder under Page No.# 3/4

Khatian nos. 22 & 23 pertaining to 2 nd RS Patta no. 3 and Dag no. 353 & 354 along with respondent no. 7 and respondent no. 8 with other co-sharers. One Gopi Mohan Nath as the original owner instituted a title suit, Title Suit no. 58/1984 for eviction of the petitioner and other Khatian holders of Khatian nos. 22 & 23. The said suit was dismissed by a Judgment and Decree dated

24.12.2001. The 1st appeal and the 2nd appeal preferred by Gopi Mohan Nath

were also dismissed. One of the three issues framed in the 2 nd appeal, RSA no. 77/2002 was whether the defendants had acquired right under Section 5 of the Assam Non-Agricultural Urban Tenancy Act in respect of the suit land. The said issue had been answered in negative against the plaintiff-appellant meaning thereby, the same was answered in the affirmative in favour of the defendants

including the petitioner herein. Subsequent to the dismissal of the 2 nd appeal, the respondent no. 7 and the respondent no. 8 got their names incorporated in the land records and the respondent Silchar Municipal Board authorities have also issued separate holding numbers in their favour. As the petitioner's name has not been incorporated in the land records in respect of the suit land included in Khatian nos. 22 & 23, the respondent nos. 7 & 8 are making constant efforts to evict the petitioner from the land under his possession. The petitioner has made an application before the respondent no. 3 on 11.08.2025 [Annexure-8] for incorporation in his name in respect of the land under his possession, a part of the suit land, covered by Khatian nos. 22 & 23 as the petitioner is similarly situated to the respondent no. 7 and the respondent no. 8. But the respondent no. 3 has not yet carried out the necessary corrections in the land records. As a result, the threat of the respondent nos. 7 & 8 is looking large against the petitioner.

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3. Issue notice, returnable on 21.11.2025.

4. As Ms. Hazarika, learned Standing Counsel, Revenue Department has appeared and accepted notice on behalf of the respondent no. 1 and Mr. Goswami, learned Junior Government Advocate, Assam has appeared and accepted notice on behalf of the respondent nos. 2, 3 & 6, issuance of formal notice to the said respondents is dispensed with. However, extra copies of the writ petition along with annexures is to be furnished to Ms. Hazarika and Mr. Goswami within 2 [two] working days from today.

5. The petitioner shall take steps for service of notice upon the respondent nos. 4, 5, 7 & 8 by speed post within 3 [three] working days from today.

6. It is observed that pendency of the writ petition shall not be a bar for the respondent no. 3 to consider the application dated 11.08.2025 [Annexure-8] of the petitioner in accordance with law.

JUDGE

Comparing Assistant