Samsul Hoque Vs the State of Assam and 2 Ors.

Heard B. Sinha, learned counsel for the petitioner. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent No. 1 and Mr. H. Sarma, learned State Counsel for the respondent Nos. 2 & 3.

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2. Considering the simple nature of the prayer made in this writ petition and as agreed to by the learned counsel for the parties, this writ petition is taken up and disposed of at the admission stage.

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3. The petitioner, by filing this writ petition, has prayed for a simple direction to the respondent authorities to consider and dispose of the applications dated 16.01.2023, submitted by him, in respect of the land measuring 1.03 acre covered by Dag No. 901(o)/765(n) under Mohal/Taluk No. 15809/224 of Abdul Goni, Final Khatian No. 13 of MouzaFathepur Pt-I, Ph-Eagarsati, and 1.49 acre out of 5.23 acre covered by Dag No. 752(o)/910(n) under Mohal/Taluk No. 15809/224 of Abdul Goni, Final Khatian No. 93 of Mouza-Fathepur Pt-I, Ph-Eagarsati within Nilambazar Revenue Circle, in the Karimganj District, presently Sribhumi District.

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4. The petitioner, who claims to be the surviving legal heir of Late Ismail Ali, S/o Lt. Arzid Ali, contends that his grandfather Late Arzid Ali was in occupation and possession of the homestead land measuring 1.03 acre (3 Kedars 3 Jasti) covered by Dag No. 754(o)/901(n) of Mohal Taluk No.

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15809/224 of Abdul Goni, Final Khatian No. 13, Revenue Surevey No. 5740 of Mouza-Fathepur Pt-I, Ph-Eagarsati, and 1.49 acre out of 5.23 acre covered by Dag No. 752(o)/910(n) under Mohal/Taluk No. 15809/224 of Abdul Goni, Final Khatian No. 93 of Mouza-Fathepur Pt-I, Ph-Eagarsati within Nilambazar Revenue Circle, in the erstwhile District of Cachar, then under Karimganj District and now Sribhumi District. It is stated that the said predecessor-in-interest was recorded as Rayot under Khatian No. 13.

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5. According to the petitioner, he has inherited the subject lands after the demise of his grandfather and father. The petitioner applied for inclusion of his name in the Khatian; however, the respondent authorities, without considering the grievance of the petitioner regarding recording of his name, recorded the subject lands as Khas lands. It is the contention of the petitioner that he has right to have his name recorded in the revenue records in accordance with the provisions of the Assam State Acquisition of Zamindaries Act, 1951, which was applicable in the erstwhile District of Cachar. Therefore, he submits that his applications dated 16.01.2023 may be directed to be considered and disposed of.

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6. Having considered the simple nature of the prayer made by the petitioner for disposal of his applications for recording his name in the revenue records in terms of the applicable provisions of law and as agreed to by the learned counsel for the respondents, Ms. N. Bordoloi, learned Standing Counsel for the Revenue Department and Mr. J. Handique, learned State Counsel, I deem it appropriate to dispose of this writ petition with a direction to the petitioner to file a fresh application before the District Commissioner, Sribhumi District, within a period of 20 (twenty) days from today. On receipt of the application, the District Commissioner,

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Sribhumi District, shall consider and dispose of the same in accordance with law, within a period of 3 (three) months from the date of receipt of the application.

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7. The writ petition stands disposed of, in terms above.

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JUDGE

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Samsul Hoque v. the State of Assam and 2 Ors.

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Samsul Hoque v. the State of Assam and 2 Ors.

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