Allowed¶32

Santa Chetri v. the State of Assam and 4 Ors.

Gauhati HC16 Mar 2025WP(C)/4416/2024

Case brief

AI extract

What is this about?

Jurisdiction - Settlement Officer/Assistant Settlement Officer, Chandrapur - Misc Case No.01/24-25 - application dated 05.07.2024 - agreement for sale of land and house - advance Rs.79,00,000.00 - sale consideration Rs.1,02,00,000.00 - non-handover of possession - dispute civil in nature - settlement officer has no jurisdiction - notice and misc proceeding set aside - liberty to approach civil court - Kamrup (M), Assam - WP(C)/4416/2024 - decided 17.03.2025 - Justice Arun Dev Choudhury - writ petition allowed and closed.

What did the court decide?

Writ petition allowed: impugned notice and the proceeding in Misc Case No.01/24-25 set aside; respondent No.5 at liberty to approach an appropriate forum, including the competent civil court; observations not to be treated as comments on the merits; writ petition closed. ¶32

Santa Chetri Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the Settlement Officer (Assistant Settlement Officer, Chandrapur) had jurisdiction to entertain respondent No.5's application/complaint alleging non-performance of an agreement for sale, i.e., a dispute that is civil in nature.

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Court's answer

Prima facie the dispute relates to non-performance of an agreement for sale between the parties: the property value was fixed and advance paid, but possession was not granted as promised.

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Ratio / Principle

The Settlement Officer has no jurisdiction to entertain such an application, inasmuch as the dispute is civil in nature.

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Key takeaways

The writ petition stands allowed by setting aside the impugned notice as well as the proceeding in Misc Case No.01/24-25.ratio¶32
While parting with the record, respondent No.5 is left at liberty to approach an appropriate forum, including the competent civil court, for redressal of his grievances.obiter¶33
Any observation made in the writ petition or the decision to set aside the misc case proceeding shall not be construed as a comment on the merits of the claim of either party.obiter

Detailed headnote1 paragraphs

Gauhati High Court (Arun Dev Choudhury, J.), 17.03.2025, WP(C)/4416/2024 - Santa Chetri v. State of Assam & 4 Ors.: Writ petition allowed. An undated notice issued by the Assistant Settlement Officer, Chandrapur in Misc Case No.01/24-25 (on an application dated 05.07.2024 by respondent No.5 alleging advance of Rs.79,00,000.00 against a sale consideration fixed at Rs.1,02,00,000.00 and non-delivery of possession) was set aside. The Court held that the dispute, being one of non-performance of an agreement for sale, is civil in nature and the Settlement Officer has no jurisdiction to entertain it; the Circle Officer admitted this position by affidavit. Respondent No.5 remains at liberty to seek redressal before the appropriate forum, including the competent civil court; no observation is a comment on the merits of either party's claim.

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GAHC010177282024

2025:GAU-AS:2733

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

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Case No. : WP(C)/4416/2024

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SANTA CHETRI W/O- LATE PADAM CHETRI, R/O- PANIKHAITI RAIL GATE, GANDHI NAGAR, P.O- PANI KHAITI, P.S- PRAGJYOTISHPUR, DIST- KAMRUP (M), ASSAM, PIN781150

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-06

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2:THE DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI-36 ASSAM

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3:THE CIRCLE OFFICER

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CHANDRAPUR REVENUE CIRCLE CHANDRAPUR P.O- PANIKHAITI JATIMARA GUWAHATI-50 DISTRICT- KAMRUP(M) ASSAM.

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4:THE SETTLEMENT OFFICER CHANDRAPUR JATIMARA GUWAHATI-50

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DISTRICT- KAMRUP(M) ASSAM.

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5:TAPAN SAHA S/O- LATE TARANI KUMAR SAHA

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VILLAGE- BAPUJI SCHOOL ROAD

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NORTH BANDHAR GHAR ARUNDHATI NAGAR WEST TRIPURA WARD NO-39 TRIPURA PIN-79900

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Advocate for the Petitioner : MR H BARUAH, MR P P PHUKAN

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Advocate for the Respondent : SC, REVENUE, MR. A TALUKDAR (R-5),MR S AFRIDI(R-5),MR D GOSWAMI(R-5),GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 17.03.2025

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Heard Mr. H Baruah, learned counsel for the petitioner. Also heard Ms. G Hazarika, learned standing counsel, Revenue Department appearing for respondent No.1, Ms. S Sharma, learned counsel for respondent Nos.2 to 4 and Mr. S Afridi, learned counsel for respondent No.5.

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By way of the present writ petition, an undated notice issued by the Assistant Settlement Officer, Chandrapur in Misc Case No.01/24-25 arising out of an application dated 05.07.2024 was assailed.

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In the aforesaid application, the grievance raised by

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the applicant/respondent No.5 is to the effect that the petitioner promised to sell a plot of land belonging to the petitioner and accordingly an amount of Rs.79,00,000.00 was paid as an advance money and the sale consideration of the land and house was fixed at Rs.1,02,00,000.00.

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It was the grievance that even after taking the advance money and the promise that the possession will be handed over, such possession is not handed over by the petitioner to the respondent No.5. Accordingly, the complaint was filed and the misc case was registered.

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Prima facie the dispute relates to non performance of an agreement for sale between the parties and apparently it the case of the respondent No.5 that the value of the property was fixed and advance was also paid, however, no possession has been granted as promised.

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In the considered opinion of this court, the settlement officer shall have no jurisdiction to entertain such an application, inasmuch as the dispute is civil in nature.

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Be that as it may, an affidavit has been filed by the Circle Officer admitting such position.

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Accordingly the present writ petition stands allowed by setting aside the impugned notice as well as the proceeding in Misc Case No.01/24-25.

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While parting with this record, it is made clear to say that the respondent No.5 shall be at liberty to approach appropriate forum including competent civil court for redressal of

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his grievances.

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Any observation made in this writ petition or the decision to set aside the proceeding of the misc case shall not be construed as a comment on the merit of the claim of the either of the parties.

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With the aforesaid, the writ petition stands closed.

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JUDGE

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Comparing Assistant

Santa Chetri v. the State of Assam and 4 Ors.

Case brief

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Santa Chetri v. the State of Assam and 4 Ors.

Case brief

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What the court decided

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