Smti Sati Kar and 8 Ors. Vs the State of Assam and 5 Ors. — Gauhati HC (2025) — LawSathi Research

Smti Sati Kar and 8 Ors. Vs the State of Assam and 5 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the District Commissioner, Sribhumi to dispose of the petitioners' application for partition in accordance with law, taking into account the abstention of respondent Nos. 5 and 6, and to convey the decision to the petitioner within 45 (forty-five) days from receipt of a certified copy of the order; no costs.

Issue for consideration

Whether directions should be issued to the respondents to process the petitioners' application for partition of a plot of land held in common sharing with respondent Nos. 5 and 6, who refused notice and abstained from participating. +1 more

Court's answer

Since respondent Nos. 5 and 6 deliberately avoided service of notice of the writ petition (notice by dasti refused and registered post with A/D returned with the remark 'refused'), the Court took up and heard the matter in their absence.

Ratio / Principle

The Court disposed of the writ petition with a direction to the District Commissioner, Sribhumi to dispose of the petitioners' partition application, acting in accordance with law and taking into account the abstention of respondent Nos. 5 and 6 (the alleged co-pattadars) from participation in any legal forums, and to convey the decision to the petitioner within 45 (forty-five) days from the date of receipt of a certified copy of the order.

Key takeaways

As a prima facie view, expressly not amounting to a decision on the issue of partition and demarcation of the land, the Court observed that respondent Nos. 5 and 6 are not cooperating with the litigations instituted by the petitioner and that their attempt appears intended to frustrate the petitioner's cause by abstaining from the processes initiated.obiter¶¶36

Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/5081/2025, Order dated 03.12.2025 (Hon'ble Mr. Justice Rajesh Mazumdar): Nine petitioners sought directions to the revenue authorities to process their application, made in exercise of authority under Regulation 107 of the Assam Land and Revenue Regulations, 1886, for partition of a plot of land held in common sharing with respondent Nos. 5 and 6 (co-pattadars Sri Paritosh Kar and Smti Jayanti Dey). Processing had stalled: by a communication dated 11.07.2025 the Circle Officer, Ramkrishna Nagar informed the District Commissioner (Revenue) that the co-pattadars failed to appear despite notice, and counsel for the State respondents submitted that under the Assam Right To Public Services Act and the Sewa Setu Portal requirements, a scanned deed of mutual partition, an affidavit declaring mutual partition and authenticated consent of the pattadars were mandatory documents. Respondent Nos. 5 and 6 refused notice served by dasti and by registered post with A/D ('refused'), whereupon the Court took up the matter in their absence, expressing prima facie views — expressly without deciding the issue of partition and demarcation — that their abstention appeared intended to frustrate the petitioner's cause. The writ petition was disposed of with a direction to the District Commissioner, Sribhumi to dispose of the application in accordance with law, taking the co-pattadars' abstention into account, and to convey his decision to the petitioner within 45 days of receipt of a certified copy of the order; no costs.

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GAHC010189732025

2025:GAU-AS:16583

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

Case No. : WP(C)/5081/2025

SMTI SATI KAR AND 8 ORS. W/O. LATE PURNENDU KAR, DAUGHTER-IN-LAW OF LATE PARESH CHANDRA KAR, R/O. VILLAGE RADMANAGAR BILL PAR, SILCHAR, DISTRICT- CACHAR, ASSAM, PIN -788001.

2: PUSPENDU KAR S/O. LATE PURNENDU KAR GRAND SON OF LATE PARESH CHANDRA KAR R/O. VILLAGE RADMANAGAR BILL PAR SILCHAR DISTRICT -CACHAR ASSAM PIN-788001.

3: PRADIP KAR S/O. LATE PRATUL KAR R/O. FLAT NO. G09- 6 NBCC TOWER RAJARHAT TOWN DISTRICT- 14 NORTH PARGANAS WEST BENGAL PIN -700156.

4: PRANAB KAR S/O. LATE PRATUL KAR R/O. SILCHAR TOWN WARD NO. 7 P.O. AND P.S. SILCHAR DISTRICT CACHAR ASSAM.

5: PRANAY KAR S/O. LATE PRATUL KAR R/O. SILCHAR TOWN WARD NO. 7 P.O. AND P.S. SILCHAR

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DISTRICT- CACHAR ASSAM.

6: SUJIT KUMAR KAR S/O LT. SUNIL KUMAR KAR R/O- SILCHAR TOWN WARD NO.9 P.O AND P.S- SILCHAR DIST-CACHAR ASSAM 7: SUMITRA DEB ROY D/O. SUNIL KUMAR KAR R/O. BAHADURPUR RAMKRISHNA NAGAR BLOCK - 1 P.S. NILAM BAZAR DISTRICT- KARIMGANJ ASSAM.

8: SHYAMALI KAR D/O. SUNIL CHANDRA KAR R/O. SILCHAR PADMANAGAR BILPAR WARD NO. 9 DISTRICT- CACHAR ASSAM.

9: SUBHASH CHANDRA KAR S/O. LATE KHIROD RANJAN KAR R/O. KANAKPUR PART - 1 P.S. SADAR DISTRICT- CACHAR ASSAM VERSUS

THE STATE OF ASSAM AND 5 ORS THROUGH - THE SECRETARY, TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI - 781006.

2:THE DISTRICT COMMISSIONER SRIBHUMI P.O. KARIMGANJ DIST- SRIBHUMI ASSAM-788710.

3:THE ADDITIONAL DISTRICT COMMISSIONER

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SRIBHUMI P.O. KARIMGANJ DISTRICT- SRIBHUMI ASSAM. PIN -788710.

4:THE CIRCLE OFFICER RAMKRISHNA NAGAR REVENUE CIRCLE VILLAGE AND P.O. RAMKRISHNA NAGAR DISTRICT- SRIBHUMI ASSAM. PIN -788166. 5:PARITOSH KAR S/O-LT. PORESH CHANDRA KAR R/O-KRIPASINDHU MANSION OPP NIGHTANGLE HOSPITAL FLAT NO. K.M-11 PACHGORI ROAD P.S RANIGIRKHARI SILCHAR DIST- CACHAR ASSAM- 788012. 6:SMTI JAYANTI DEY D/O- LT. PARESH CHANDRA KAR R/O- LINK ROAD LANE NO- 1/B H.NO- 62/A 2ND FLOOR P.S-RANGIRKHARI SILCHAR DIST- CACHAR ASSAM-788005

Advocate for the Petitioner : MR. R MAJUMDAR, MR. JUNM LASKAR,MS. J GHOSH

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

BEFORE

HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER

03.12.2025

Heard Mr R Mazumdar, learned counsel appearing for the petitioners. Also heard Ms M Barman, learned counsel appearing for the respondent Nos. 2, 3

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and 4 and Mr A Bhattacharya, learned counsel appearing for the respondent No. 1.

The Office Note dated 17.11.2025, reflects that the respondent Nos. 5 and 6 have refused to accept the notice given by dasti service, and the steps taken by registered post with A/D have also been returned back with the postal remark-“refused”. It is thus, apparent that the respondent Nos. 5 and 6 have deliberately avoided service of notice of the present writ petition. Therefore, this matter is now taken up in their absence.

The prayer in the writ petition was for directions to be issued to the respondents to process the application filed by the petitioner for partition of a plot of land which he holds in common sharing with the respondent Nos. 5 and 6.

Mr Mazumdar, learned counsel appearing for the petitioners, submits that in exercise of authority under Regulation 107 of the Assam land and Revenue Regulations, 1886, the District Commissioner can go ahead with the partition of a plot of land held in common sharing, but the application of the petitioners have not been duly considered by the aforesaid authority. He has submitted that by a communication dated 11.07.2025, the Circle officer has also informed the office of the District Commissioner (Revenue) that the Co-Pattadars, namely, Sri Paritosh Kar and Smti Jayanti Dey, had failed to appear before the Circle Officer, despite receipt of notice, and hence, hearing could not be done. Mr Mazumdar, therefore, prays that appropriate directions may be issued to the District Commissioner to proceed, in accordance with law, even in the absence of respondent Nos. 5 and 6, who are his co-pattadars.

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Ms Barman, learned counsel appearing for the State respondents has submitted that the petitioners had failed to furnish the NOC/consent of the copattadars to the partition, and, therefore, the matter has not proceeded further. She has submitted that as per the Assam Right To Public Services Act and the requirements of filing an application under the Sewa Setu Portal, the scanned copy of a deed for mutual partition, affidavit declaring mutual partition, and authenticated consent of the pattadars are mandatory documents. In the absence of such a document, the application of the petitioners could not be processed.

The above submissions are made on the basis of the instructions received by Ms Barman on 08.09.2025, from the Circle Officer, Ramkrishna Nagar, Sribhumi, Assam.

From the manner in which the respondent Nos. 5 and 6 have refused the notices issued by this Court and have also deliberately abstained from appearing before the Circle Officer, it is amply displayed that the respondent Nos. 5 and 6, who are the alleged co-pattadars, are not cooperating with the litigations instituted by the petitioner. The attempt appears to be intended to frustrate the cause of the petitioner by abstaining from participation in the processes initiated by the petitioner. These are, however, prima facie views of the Court, and are not deciding the issue of partition and demarcation of the land in issue.

In view of the prayer made by Mr Mazumdar that the matter may now be remanded to the District Commissioner, Sribhumi, to pass necessary orders on the application filed by the petitioners after taking into account the deliberate abstinence resorted to by the respondent Nos. 5 and 6, this Court disposes of

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this writ petition with a direction to the District Commissioner, Sribhumi, to dispose of the application filed by the petitioner by taking into account the fact that the respondent Nos. 5 and 6, who are allegedly the co-pattadars with the petitioners, have abstained from participating in any legal forums. It is needless to say that the District Commissioner shall act in accordance with law, while coming to a decision on the application filed by the petitioners. The decision by the District Commissioner will be conveyed to the petitioner, within a period of 45 (forty-five) days from the date of receipt of a certified copy of this order.

Writ petition stands disposed of.

No cost(s).

JUDGE

Comparing Assistant