Dismissed
Roshida Begum v. the State of Assam and 19 Ors.
Gauhati HCWP(C)/5091/2026
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GAHC010200432026 2026:GAU-AS:13865 THE…
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GAHC010200432026 2026:GAU-AS:13865 THE…
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GAHC010200432026
2026:GAU-AS:13865
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5091/2026
ROSHIDA BEGUM
DAUGHTER OF AYSHA KHATUN, RESIDENT OF VILLAGE - GHASBARI, P.O. GHASBARI, P.S. BILASIPARA, IN THE DISTRICT OF DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM AND 19 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI - 781006.
2:THE DISTRICT COLLECTOR DHUBRI DISTRICT ASSAM.
3:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE P.O. P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM.
4:SABUL HUSSAIN
SON OF LATE ANSUR UDDIN RESIDENT OF VILLAGE HAKAMA PART - I P.O. HAKAMA P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM.
5:MONU SK
SON OF LATE ANSUR UDDIN RESIDENT OF VILLAGE HAKAMA. PART - I P.O. HAKAMA P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM.
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6:BASIA KHATUN DAUGHTER OF LATE ANSUR UDDIN RESIDENT OF VILLAGE HAKAMA PART - I P.O. HAKAMA P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM. 7:MUNJILA KHATUN DAUGHTER OF LATE ANSUR UDDIN RESIDENT OF VILLAGE HAKAMA PART - I P.O. HAKAMA P.S. BILASIPARA IN THE DISTRICST OF DHUBRI ASSAM 8:AZIZUL HOQUE SON OF LATE SOID ALI RESIDENT OF VILLAGE - GARUMARA P.O. P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSA 9:AMINUR HOQUE SON OF LATE SOID ALI RESIDENT OF VILLAGE - GARUMARA P.O. P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM
10:YANUR HOQUE SON OF LATE SOID ALI RESIDENT OF VILLAGE - GARUMARA P.O. P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM. 11:EKRAMUL HOQUE SON OF LATE SOID ALI RESIDENT OF VILLAGE - GARUMARA P.O. P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM.
12:JOSNA BEGUM DAUGHTER LATE SOID ALI RESIDENT OF VILLAGE - GARUMARA
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P.O. P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM 13:ANJUMA BEGUM DAUGHTER OF LATE SOID ALI RESIDENT OF VILLAGE - GARUMARA P.O. P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM. 14:ASMA BEGUM DAUGHTER OF LATE SOID ALI RESIDENT OF VILLAGE - GARUMARA P.O. P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM 15:HABIBAR RAHMAN SON OF LATE MONU ULLAH RESIDENT OF VILLAGE - HAKAMA PART - I P.O. HAKAMA P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM. 16:AKKABAR ALI SON OF LATE MONU ULIAH RESIDENT OF VILLAGE - HAKAMA PART - I P.O. HAKAMA P.S. BILASIPARA IN THE DISTRICT OF DHUBRI ASSAM. 17:MONIRUL AHMED SON OF LATE OPIZUDDIN RESIDENT OF VILLAGE - CHANGMARI P.O. P.S. BASUGAON IN THE DISTRICT OF KOKRAJHAR ASSAM. 18:MOHIDUL SK SON OF LATE OPIZUDDIN RESIDENT OF VILLAGE - CHANGMARI P.O. P.S. BASUGAON IN THE DISTRICT OF KOKRAJHAR ASSAM. 19:LAL CHAND SK SON OF LATE KHASEMAMUD
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RESIDENT OF VILLAGE HAKAMA PART - I P.O. HAKAMA P.S. BILASIPARA IN THE DISTRICT OF KOKRAJHAR ASSAM.
20:FATINA BIBI WIFE OF SUBRAT SK DAUGHTER OF MOSLEM SK RESIDENT OF VILLAGE - BANIAPARA/ HAKAMAT PART - I P.O. HAKAMA P.S. BILASIPARA IN THE DISTRICT OF KOKRAJHAR ASSAM
Advocate for the Petitioner : MR. M A MONDAL, MR. MOZAHER HUSSAIN,MS. SUMAN CHAUHAN
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 18.09.2026
Heard Mr. M.A. Mondal, learned counsel for the petitioner; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam for the respondent no. 1; and Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3.
In this writ petition instituted under Article 226 of the Constitution of India, the petitioner has sought for a direction in the nature of mandamus to direct the State respondents, more particularly, the respondent no. 3 to separate the Dag number and Patta number of an area of land measuring 6 Kathas and 5 Lessas, covered by Dag no. 372 and Patta no. 8 & 11 [Town], situate at Hakama Part – I, Bilasipara Revenue Circle, District – Dhubri, Assam [‘the subject-plot’, for short], in respect of which the petitioner claims to be the owner.
It transpires from the materials brought on record that the subject-plot is a part of the suit land in a title suit, Title Suit no. 35/2018 instituted before the Court of learned Civil
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Judge, Junior Division, Bilasipara [‘the Trial Court’]. In the title suit, the petitioner herein was one of the plaintiffs, that is, the plaintiff no. 3[e], as one of the legal heirs of the plaintiff no. 3. The title suit was disposed of by a Judgment dated 23.11.2023. The Trial Court declared that the plaintiffs have got the right, title and interest over their respective shares in the parental properties, that is, the suit land. By the Judgment dated 23.11.2023, the Trial Court directed to prepare the decree accordingly.
It is not brought on record by the petitioner whether after the Judgment, the decree has been prepared and the petitioner has filed any execution petition to execute the decree before the Competent Court to execute the decree.
As the relief sought for in this writ petition is permissible for the petitioner to pursue in terms of the decree, if any, prepared by the Trial Court in an execution proceeding, this writ petition is not entertained. The petitioner is, however, at liberty to take recourse appropriate remedy, as permissible under the law.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the High Court can entertain a writ petition for separation of land plots when the matter is pending as an execution proceeding of a civil decree.
Whether a writ petition in the nature of mandamus for directing separation of land is maintainable when the appropriate remedy lies in execution proceedings.
ROSHIDA BEGUM
THE STATE OF ASSAM
Manish Choudhury
As recorded by the court registry
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