MD Ismail Hussain and 7 Ors. Vs the State of Assam and 3 Ors.

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GAHC010028672024

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2026:GAU-AS:8097

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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)/1263/2024

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MD ISMAIL HUSSAIN AND 7 ORS SON OF LATE NASER ALI BEPARI, RESIDENT OF VILLAGE- HAZIPARA, P.O.- NAYERALGA, P.S.- BILASIPARA, DISTRICT- DHUBRI, ASSAM, PIN- 783348.

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2: MD. MOKSHED ALI SON OF LATE NASER ALI BEPARI RESIDENT OF VILLAGE- HAZIPARA P.O.- NAYERALGA P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348.

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3: MD AINAL HQOUE SON OF LATE MD. MOSEMUDDIN RESIDENT OF VILLAGE- HAZIPARA P.O.- NAYERALGA P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348.

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4: MD. SANOWAR HUSSAIN SON OF LATE MD. MOSLEMUDDIN RESIDENT OF VILLAGE- HAZIPARA P.O.- NAYERALGA P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348.

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5: MD. ATOWAR HUSSAIN SON OF LATE MD. MOSLEMUDDIN RESIDENT OF VILLAGE- HAZIPARA P.O.- NAYERALGA P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 6: MD. HABIBAR HUSSAIN SON OF LATE MD. MOSLEMUDDIN RESIDENT OF VILLAGE- HAZIPARA P.O.- NAYERALGA P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 7: MD. NUR ISLAM SON OF LATE MD. MOSLEMUDDIN RESIDENT OF VILLAGE- HAZIPARA P.O.- NAYERALGA P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 8: MD. SAJAHAN ALI SON OF LATE MD. SAMSUL HAQUE RESIDENT OF VILLAGE- HAZIPARA P.O.- NAYERALGA P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348 VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI- 781006.

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2:THE DEPUTY COMMISSIONER DHUBRI DISTRICT- DHUBRI ASSAM.

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3:THE SETTLEMENT OFFICER DHUBRI AND KOKRAJHAR DISTRICT- DHUBRI ASSAM.

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4:THE CIRCLE OFFICER BILASIPARA REVENUE OFFICER DISTRICT- DHUBRI ASSAM

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Advocate for the Petitioner : MR. SAILENDRA DEKA, MS L RONGPIPI,MR JITENDRA DAS

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

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 09.06.2026

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Heard Mr. S. Deka, learned counsel for the petitioner and Mr. N. Goswami, learned State Counsel as well as Ms. N. Bordoloi, learned Standing Counsel, Revenue Department.

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By filing this writ petition, the petitioners have prayed for a direction to the respondent authorities to correct the land record in respect of the land, measuring 48 Bighas 4 Kathas 2 Lechas, covered by Dag No. 93, 515, 662/37, 654/660, 20/653, 644/661, 37/655, 648/494, under Khatian No. 247/Patta No. 201, located in the village Nayeralga Part-II, Mouza – Sapor in the district of Dhubri, Assam.

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The case of the petitioners, in short, is that the predecessor in interest of the petitioners, namely, late Naser Ali Bepari, was the original owner -cum-

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pattadar of the land, measuring 101 Bighas 2 Kathas 15 Lechas, covered by Dag No. 93, 515, 662/37, 654/660, 20/653, 644/661, 37/655, 648/494, under Khatian No. 247 of Patta No. 201, located in the village Nayeralga Part-II, Mouza – Sapor, Revenue Circle-Bilasipara, Dhubri district, Assam.

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On coming into force of the Assam Fixation of Ceiling On Land Holdings Act, 1956, out of the land, measuring 101 Bighas 2 Kathas 15 Lechas owned by the predecessor in interest of the petitioners, a land measuring 52 Bighas 3 Kathas 13 Lechas were declared as ceiling surplus land. After such declaration, the remaining 48 Bighas 4 Kathas 2 Lechas continue to remain in the name of the predecessor in interest of the petitioners, which was utilized for cultivation by paying the necessary land revenue.

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It is the contention of the petitioners that in the year 1987, when the predecessor in interest of the petitioners visited the office of the Mouzadar for payment of revenue, he came to know that the land measuring 48 Bighas 4 Kathas 2 Lechas standing in the name of predecessor in interest of the petitioners has been shown wrongly as Government Khas Land and recorded the same under Khatian No. 247 under Dag No. 93, 515, 662/37, 654/660, 20/653, 644/661, 37/655, 648/494. Thereafter, the predecessor in interest of the petitioners has filed an application before the Revenue Authority, praying for correction of the name of the record of rights in respect of the aforesaid land, measuring 48 Bighas 4 Kathas 2 Lechas. Before the record of rights of the land could be corrected, the predecessor in interest of the petitioners had expired, leaving behind the petitioners. The petitioners, being the legal heirs, have jointly owned and possessed the aforesaid land measuring 48 Bighas 4 Kathas 2 Lechas by virtue of inheritance and continued to utilize for cultivation till date.

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It is further contended that although the land has been shown as Government Khas Land, the authorities keep collecting touzi land revenue from the petitioners. However, from the year 2015, the authorities stopped receiving touzi land revenue from the petitioner. Thereafter, the petitioner No. 1 has filed a representation before the respondent authorities. The petitioners received informations under the Right to Information Act, 2005, wherein the respondent authorities have clearly stated that the said land measuring 101 Bighas 2 Kathas 15 Lechas was standing in the name of Naser Ali Bepari and after fixation of the Assam Fixation of Ceiling On Land Holdings Act, 1956, the remaining land measuring 48 Bighas 4 Kathas 2 Lechas, covered by Dag No. 93, 515, 662/37, 654/660, 20/653, 644/661, 37/655, 648/494 under Khatian No. 247 of village Nayeralga Part-II, Mouza – Sapor in the district of Dhubri, Assam, is in the name of Naser Ali Bepari. The petitioners, thereafter, submitted a representation before the Revenue Authority praying for correction of the zamabandi. However, no action has been initiated by the respondent authorities.

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Mr. S. Deka, learned counsel for the petitioner submits that there is no dispute as regards the ownership of the land measuring 48 Bighas 4 Kathas 2 Lechas, which has been inherited by the petitioners from their predecessor in interest, namely, Naser Ali Bepari, which is supported by the information furnished to the petitioners under the Right to Information Act, 2005. He submits that since the respondent authorities have failed to consider the representation dated 03.05.2023 filed by the petitioner No. 1, the respondent authorities may be directed to consider and dispose of the representation by correcting the right of records in the zamabandi in the name of the present petitioners by restoring Khatian No. 247.

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Mr. N. Goswami, learned State Counsel, while not objecting to the prayer for a direction to dispose of the representation, on instructions, submits that the Circle Officer, Bilasipara Revenge Circle has in fact taken steps for correction of land record. However, due to unavailability of Vandyke Map for the year 19601961 of revenue village Nayeralga Part-II and old land record of revenue village Nayeralga Part-II under Bilasipara Revenue Circle at present in the office of the Circle Officer, Bilasipara Revenue Circle, the process for correction of the land in the name of the petitioners cannot be carried out further.

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Upon consideration of the materials available on record, it appears that there is no dispute as regards the original ownership of the predecessor in interest of the petitioners in respect of the land in question. It is also not in dispute that upon coming into force of the Assam Fixation of Ceiling On Land Holdings Act, 1956, the land, measuring 48 Bighas 4 Kathas 2 Lechas, was still under the possession and occupation of the predecessor in interest of the petitioners, out of the 101 Bighas 2 Kathas 15 Lechas of land. It appears that the right of records of the land has not been corrected after coming into force of the aforesaid Act. Although the remaining land measuring 48 Bighas 4 Kathas 2 Lechas was under the possession of the predecessor in interest of the petitioners, thereafter continue to be with the petitioners, which is fortified from the information furnished by the respondent authorities to the petitioners.

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Having considered that the land measuring 48 Bighas 4 Kathas 2 Lechas is still under the possession of the petitioners by virtue of inheritance from the predecessor in interest of the petitioners, namely, Naser Ali Bepari and is yet to be corrected in the land record and also as agreed to by the learned counsels for both the parties, this Court is of the considered view that it would be

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appropriate to direct the respondent authorities to consider and dispose of the representation dated 03.05.2023 filed by the petitioner No. 1 before the Deputy Commissioner, Dhubri.

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Accordingly, the Deputy Commissioner, Dhubri district is directed to consider and dispose of the representation submitted by the petitioners for correction of the right of record in the name of the petitioners within a period of two months from the date of receipt of a certified copy of this order.

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With the above directions and observations, this writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

MD Ismail Hussain and 7 Ors. v. the State of Assam and 3 Ors.

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MD Ismail Hussain and 7 Ors. v. the State of Assam and 3 Ors.

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