Digamber Jain Panchayat Mahabir Bhawan Trust, Vs the State of Assam and 3 Ors.

¶1

Page No.# 1/5

¶2

GAHC010012572026

¶3

undefined

¶4

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

¶5

Case No. : WP(C)/352/2026

¶6

DIGAMBER JAIN PANCHAYAT MAHABIR BHAWAN TRUST, HAVING ITS OFFICE AT M.S. ROAD, FANCY BAZAR, GUWAHATI, ASSAM781009, DIST.KAMRUP (M), ASSAM, REPRESENTED BY HERETO BY ITS AUTHORIZED, REPRESENTATIVE SRI MAHAVIR PRASAD JAIN, SON OF LATE PANNA LAL JAIN.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 3 ORS. THE DISTRICT COMMISSIONER REPRESENTED HERETO BY ITS PRINCIPAL SECRETARY REVENUE AND DISASTER MANAGEMENT GOVT OF ASSAM, DISPUR, GUWAHATI -781006

¶9

2:THE DISTRICT COMMISSIONER

¶10

KAMRUP (M) HENGRABARI GUWAHATI-781036 DIST. KAMRUP (M) ASSAM

¶11

3:THE CIRCLE OFFICER

¶12

GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-78 1007 DIST. KAMRUP (M) ASSAM

¶13

4:ASOM GANA PARISAD GUWAHATI DISTRICT COMMITTEE

¶14

Page No.# 2/5

¶15

REPRESENTED BY SRI KHAGEN NATH SON OF LATE SATISH NATH M.S. ROAD FANCY BAZAR NEAR RAILWAY GATE NO. 4 GUWAHATI -781001 P.S. PANBAZAR DIST. KAMRUP (M) ASSA

¶16

Advocate for the Petitioner : MR. A K JAIN, MR. H GOSWAMI

¶17

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

¶18

BEFORE

¶19

HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

¶20

ORDER

¶21

06.02.2026

¶22

Heard Mr. AK Jain, learned counsel for the petitioner. Also heard Mr. H

¶23

Sarma, learned Additional Senior Government Advocate, Assam and Ms. G Hazarika, learned Standing Counsel, Revenue Department.

¶24

The petitioner is a trust which claims to be in possession of the land covered by Dag No.2033 KP Patta No. 1087 in the Village- Sahar Guwahati Second Part under Guwahati Revenue Circle and it claims to be in possession for a period of 30 (thirty) years and had established and Old Jain Temple. The petitioner came to know that there was some corrections in the records of rights

¶25

showing the name of the respondent no.4 in a portion of the land which the

¶26

Page No.# 3/5

¶27

petitioner claims to be under its possession. The petitioner is aggrieved that having come to know about this correction the petitioner had filed a representation before the Circle Officer, Guwahati Revenue, which was although received but the same has not yet disposed of. Being aggrieved, the present writ petition has been filed.

¶28

Mr. AK Jain, learned counsel for the petitioner submits that the manner in which the name of the respondent no.4 was entered in the Jamabandi is without following the process of law in view of the fact that the petitioner has been in occupation of the said land for past over 3 (three) decades. Learned counsel for the petitioner therefore submits that appropriate direction be issued.

¶29

When the matter was last listed on 28.01.2026 and 02.02.2026, Mr. H Sarma, learned Additional Senior Government Advocate, Assam, was permitted opportunity to complete his instructions.

¶30

Today when the matter was called up, Mr. H Sarma has placed before the Court a report dated 04.02.2026 issued by the Circle Officer (A), Guwahati Revenue Circle, Kamrup(M), addressed to the Deputy Commissioner, Kamrup(M).

¶31

It appears from the report dated 04.02.2026 that the land under possession of the petitioner and the respondent no.4 although originated from

¶32

Page No.# 4/5

¶33

the Government Dag no.223 (old). Out of that land 1 katha 10 lechas of land under Dag No. 2033 under Kheraj Patta No.1087 standing in the name of the petitioner is presently under possession of the respondent no.4 and 10 Lecha of land under Dag No.1985 of Kheraj Patta No.1306 standing in the name of the respondent no.4 is presently under the possession of the petitioner. This report having been submitted by the Circle Officer, now appropriate orders, if required, are called for from the Deputy Commissioner, Kamrup (M).

¶34

Under such circumstances, where the Circle Officer (A), Guwahati Revenue Circle, Kamrup(M) has already submitted a report before the Deputy Commissioner, Kamurp(M), and in the event no order has been passed, this Court expects that the concerned Deputy Commissioner shall pass appropriate order in the matter by giving an opportunity of hearing to all the stakeholders and/their which their representatives. If any order, in the meantime has already been passed then a copy thereof shall be issued to the writ petitioner. The Deputy Commissioner, Kamrup(M) is directed to pass necessary orders within a period of 2 (two) weeks from the date of receipt of a certified copy of this order. Needless to say any such order passed, copies thereof shall be served on the writ petitioner. It is also directed that if the authorities are of the view that any dispossession of land under the occupation of the writ petitioner is to be resorted to, such dispossession shall be not carried out without following the

¶35

Page No.# 5/5

¶36

due process of law and/or without issuing prior notice.

¶37