Pranab Mahanta Vs the State of Assam and 9 Ors.

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GAHC010166242022

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2025:GAU-AS:14940

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

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Case No. : WP(C)/5493/2022

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PRANAB MAHANTA S/O- LATE PADMA RAM MAHANTA, R/O- BOKO , BARPARA (BAZAR), DIST- KAMRUP, P.S- BOKO, PIN-781123, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DEPUTY COMMISSIONER KAMRUP AT AMINGAON ASSAM PIN-781039

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3:THE ADDITIONAL DEPUTY COMMISSIONER KAMRUP AT AMINGAON ASSAM PIN-781039

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4:THE CIRCLE OFFICER BOKO REVENUE CIRCLE BOKO ASSAM PIN-781123

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5:AS PER ORDER DATED 07.09.2022 RESP. NO. 5 IS DELETED.

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6:MIRA KALITA W/O- LATE SAILEN KALITA

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7:RUPAM KALITA S/O- LATE SAILEN KALITA

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8:NIRUBALA KALITA W/O- LATE DINESH KALITA

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9:MALATI KALITA W/O- LATE PRABHAT KALITA

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10:BINA RANI KALITA W/O- LATE GAJIN KALITA

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NO. 6 TO NO.10 ALL ARE R/O - RAMPUR BAJIPARA

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P.S- PALASHBARI

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DIST- KAMRUP ASSAM, PIN-78113

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Advocate for the Petitioner : MR. A DHAR, MD F FARIDI,MISS S ROY

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Advocate for the Respondent : GA, ASSAM, MR B C TALUKDAR (r- 6 to 10),MR K TALUKDAR (r- 6 to 10),SC, REVENUE

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BEFORE

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THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R

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06.11.2025

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Heard Mr. A Dhar, learned counsel for the petitioner. Also heard Mr. BC Talukdar, learned counsel for the private respondent, Mr. SS Roy, learned counsel for the respondent Nos. 2,3 and 4 and Ms. G Hazarika, learned counsel for the respondent No. 1.

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The petitioner herein had filed an application under Rule 116 of the

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Assam Land and Revenue Regulation before the Additional Deputy Commissioner, Kamrup at Amingaon for striking off the names of predecessorin-interest of the respondent Nos. 6,7 and 8 to 10 from revenue records with further a prayer for insertion of the name of the petitioner in respect of the land covered by Dag No. 236 of KP Patta No. 62.

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The Additional Deputy Commissioner declined to allow such prayer and accordingly, the petition was dismissed by an order dated 03.10.2019.

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Being aggrieved by such order, the petitioner preferred an appeal before the Assam Board of Revenue, which was registered as Case No. 69 RA (K)/2019.

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The learned Board of Revenue by its impugned judgment dated 15.07.2022 dismissed the appeal preferred by the petitioner. Such order is assailed in the present writ petition.

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In nutshell, the claim of the petitioner herein is based on the record of right maintained by the revenue authority inasmuch as it is the claim of the petitioner that his grandfather was the pattadar of the disputed land, which can be ascertained from the jamabandi/ draft chitha of the year 1923- 1928 and 1957-1964. It is his case that ignoring such record of right, the name of the private respondents were incorporated.

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On the other hand, it is the claim of the private respondent that their predecessor-in-interest were initially under annual patta, which was subsequently converted into periodic patta on payment of premium to the Government.

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From the aforesaid, what is seen is that foundational claim relates to the title of the predecessor-in-interest of the petitioner and the counter claim of the respondents being patta holder.

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In that view of the matter, this court has opined during the course of hearing that adjudication of such fact may not be permissible, either before the revenue authorities or before this court in exercise of its power under Article 226 of the Constitution of India inasmuch the parties, whose title is clouded is to ascertain the same before appropriate court.

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The learned counsel for the parties have also submitted that it will be interest of both the parties to relegate the matter to the civil court.

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Considering the above, the writ petition stands disposed of relegating either of the parties, who desire, may approach the appropriate civil court for remedy available to them and to establish their claims.

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Taking note of the controversy involved and also taking note of the claim of both the parties that both are possessing the parts of the land in dispute, it is provided that till approaching the competent civil court, and / or till determination of such civil dispute that may be filed, the status quo of the land as regards its possession be maintained by both the parties.

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It is needless to say that the order impugned in the present proceeding shall be subject to the outcome of the civil suit that may be filed. It is also clarified that the civil court should not be influenced either by any observation made by this court or the determination made by the revenue authorities/ Assam Board of Revenue and decide the matter on its own merit/ pleading/ evidence that may be adduced by the parties.

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Accordingly, the writ petition stands disposed of with the aforesaid observation and discussion. Parties to bear their own costs.

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JUDGE

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Comparing Assistant

Pranab Mahanta v. the State of Assam and 9 Ors.

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Pranab Mahanta v. the State of Assam and 9 Ors.

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