Disposed¶12

Swarup Khersa v. the Dima Hasao Autonomous Council and 4 Ors.

Gauhati HC6 Mar 2025WP(C)/4934/2024

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/4934/2024; order dated 07-03-2025; Justice Arun Dev Choudhury; Swarup Khersa v. Dima Hasao Autonomous Council; impugned order dated 31.08.2024 declaring land transfer invalid set aside; overreach and excess of power by revenue authority; not legally sustainable; Periodic Patta No. 517, Dag No. 118, G. Haflong Town (old); Misc Case No. 6 (H-A) 2019-20 dated 03-11-2023; WP(C) No. 7716/2019 judgment and order (oral) 22.09.2023; WA No. 105/2024 Division Bench order 29.04.2024; Title Suit No. 02/2023; Bonani Kemprai; Dima Hasao Autonomous Council; NC Hills Autonomous Council; Additional Secretary & Revenue Officer.

What did the court decide?

Impugned order dated 31.08.2024 set aside as an excess of power and not legally sustainable; writ petition disposed of. ¶12

Swarup Khersa Vs the Dima Hasao Autonomous Council and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 31.08.2024 set aside as an excess of power and not legally sustainable; writ petition disposed of.

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Issue for consideration

Whether the impugned order dated 31.08.2024 issued by the Additional Secretary & Revenue Officer, Dima Hasao Autonomous Council, treating the transfer of land in favour of the petitioner as invalid until further order from the Competent Court, was legally sustainable and within the powers of the revenue authority.

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Court's answer

The impugned order dated 31.08.2024 was nothing but an overreaching of power by the revenue authority, particularly in view of the clear findings of the Co-ordinate Bench and the Division Bench and the Division Bench's clarification that the order dated 03.11.2023 shall be subject to the determination to be made in the Civil Suit.

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Ratio / Principle

The authorities had issued the impugned order in excess of their power and the order is therefore not legally sustainable.

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Key takeaways

The impugned order dated 31.08.2024 was set aside; the Court recorded that a communication had been furnished indicating the order had already been withdrawn by the competent authority.ratio¶10

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Arun Dev Choudhury), order dated 07-03-2025 in WP(C)/4934/2024 — Swarup Khersa v. The Dima Hasao Autonomous Council and others. The petitioner assailed an order dated 31.08.2024 issued by the Additional Secretary & Revenue Officer, Dima Hasao Autonomous Council, treating as invalid, until further order from the Competent Court, the transfer of land measuring 2 Katha 5 Chs. under Periodic Patta No. 517, Dag No. 118, G. Haflong Town (old) sheet No. 2 made in his favour vide Misc Case No. 6 (H-A) 2019-20 dated 03-11-2023. Litigational background: in WP(C) No. 7716/2019 the Co-ordinate Bench, by judgment and order (oral) dated 22.09.2023, had set aside the periodic lease issued in favour of respondent No. 5 (Bonani Kemprai) by order dated 01.07.2019 and the order dated 24.07.2019 cancelling the petitioner's periodic lease; in WA No. 105/2024 the Division Bench, by order dated 29.04.2024, declined to interfere but clarified that the mutation order dated 03.11.2023 shall abide by the decree of the Civil Court in Title Suit No. 02/2023, whereafter the impugned order was issued. Held: the impugned order was an overreaching of power and was issued by the authorities in excess of their power, and was therefore not legally sustainable; accordingly it was set aside (a communication having indicated it had already been withdrawn by the competent authority), and the writ petition stood disposed of.

Page No.# 1/5

GAHC010195932024

2025:GAU-AS:2434

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

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Case No. : WP(C)/4934/2024

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SWARUP KHERSA SON OF LATE SURESH KHERSA, RESIDENT OF NEAR GOVT. BOYS HIGH SCHOOL, GADAIN RAZEE, HAFLONG, P.S.- HAFLONG, DISTRICT- DIMA HASAO, HAFLONG, PIN NO. 788819.

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VERSUS

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THE DIMA HASAO AUTONOMOUS COUNCIL AND 4 ORS REPRESENTED BY PRINCIPAL SECRETARY, HAFLONG, DISTRICT- DIMA HASAO, HAFLONG, PIN NO. 788819.

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2:THE ADDITIONAL SECRETARY AND REVENUE OFFICER DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DISTRICT- DIMA HASAO

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HAFLONG PIN NO. 788819.

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3:THE LAND REVENUE AND SETTLEMENT OFFICER NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DISTRICT- DIMA HASAO

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HAFLONG PIN NO. 788819. 4:LOT PATWARI I/C HAFLONG

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Page No.# 2/5

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N.C. HILLS AUTONOMOUS COUNCIL DISTRICT- DIMA HASAO

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HAFLONG PIN NO. 788819.

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5:BONANI KEMPRAI WIFE OF LATE POBITRO KEMPRAI

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RESIDENT OF VILLAGE- GADAIN RAZEE

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NEAR TOURIST LODGE HAFLONG

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DISTRICT- DIMA HASAO PIN NO. 788819

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Advocate for the Petitioner : MR. B BARUAH, MR U RONGPI

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Advocate for the Respondent : SC, N C HILLS, MR. T NATH(R-5),MR. M SHARMAH(R-5),MR B HAZARIKA (R-5),MR V JAMMAR(R-5)

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BEFORE

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HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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07-03-2025

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1. Heard Mr. B. Baruah, learned counsel for the petitioner and Mr. R. M. Das, learned Standing counsel, NC Hills Autonomous Council for the respondent Nos. 1 to 4. Also heard Mr. B. Pathak, learned counsel for the respondent No. 5.

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2. The petitioner herein has assailed an order dated 31.08.2024 whereby the transfer of land made in favour of the petitioner by order dated 03.11.2023 was treated as invalid until further order is received from the Competent Court.

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3. The aforesaid order dated 31.08.2024 is quoted herein below:-

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Page No.# 3/5

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“ Misc.Case No. 6 (H-A)2019-2020/ Dated Haflong, the........2024

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ORDER

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As per order the Honourable Gauhati High Court under Case No. AW/105/2024 Dated 29^th April’2024, the land measuring 2 (two) Katha and 5 (five) Chs. covered under Periodic Patta No. 517, Dag No. 118 at G. Haflong Town (old) sheet No. 2 which was transferred in favour of Shri Swarup Khersa, S/o Suresh Khersa of Haflong Town vide Misc Case No. 6 (H-A) 2019-20, Dtd.03-11-2023 may be treated as invalid until further order is received from the Competent Court.

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Addl.Secretary &Revenue Officer Dima Hasao Autonmous Council Haflong.”

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4. The litigational history shows that the petitioner herein earlier preferred a writ petition registered as WP(C) No. 7716/2019 alleging illegal entry in the record of rights in favour of the respondent No. 5 herein in respect of a plot of land measuring 2 Kathas 5 Chataks under Patta No. 517 and Dag No. 118 GHT (Old) of Village-Haflong Town -1.

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5. In the aforesaid writ petition, the periodic lease issued in favour of the respondent No. 5 herein by the Additional Secretary and Revenue Officer, NC Hills dated 01.07.2019 as well as the order dated 24.07.2019 whereby the petitioner’s periodic lease was cancelled by the respondent authorities, was set aside and quashed.

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6. The relevant portion of the aforesaid order passed by the Co-ordinate Bench under its judgment and order (oral) dated 22.09.2023 is quoted herein below:-

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“ In that view of the matter, this Court therefore sets aside the periodic lease issued in the favour of the Respondent No. 6 in respect to the said land; the order dated 01.07.2019 issued by the Secretary and Revenue Officer, NC Hills Autonomous Council as well as the order dated 24.07.2019 whereby the Petitioner’s periodic lease was cancelled and re-transferred to the Respondent No. 6 without serving any notice whatsoever.”

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7. Being aggrieved, the respondent No. 5 herein preferred a writ appeal registered as

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Page No.# 4/5

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WA No. 105/2024. The Division Bench under its order dated 29.04.2024 declined to interfere with the judgment and order (oral) dated 22.09.2023 passed by the Co-ordinate Bench of this Court in WP(C) No. 7716/2019

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8. However, the Division Bench observed that since the Civil Suit is pending before the Competent Court pertaining to the same plot of land by and between the contesting parties, there is no necessity to make any further observation except providing that the order of mutation dated 03.11.2023 granted in favour of the respondent No. 5 herein shall abide by the decree that may be passed by the Civil Court in Title Suit No. 02/2023. Thereafter, the impugned order dated 31.08.2024 was issued.

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9. In view of the aforesaid, this Court is of the opinion that such impugned order dated 31.08.2024 is nothing but an overreaching of power of the revenue authority, more particularly, in the clear findings of the learned Co-ordinate Bench as well as the Division Bench and more particularly in a situation when the Division Bench had clarified that the order dated 03.11.2023 shall be subject to the determination that may be made in the Civil Suit.

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10. Accordingly, the impugned order dated 31.08.2024 is set aside. However, a communication has been furnished that such order has already been withdrawn by the competent authority.

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11. Be that as it may, this Court is of the opinion that the authorities had issued the impugned order in excess of its power and therefore, the same is not legally sustainable.

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12. In view of the aforesaid, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Swarup Khersa v. the Dima Hasao Autonomous Council and 4 Ors.

Case brief

What is this about?

What did the court decide?

Swarup Khersa v. the Dima Hasao Autonomous Council and 4 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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