Hussain Ahmed Vs the State of Assam and 2 Ors.

2:THE DEPUTY COMMISSIONER KARIMGANJ P.O. AND DISTRICT- KARIMGANJ ASSAM PIN- 788710 3:THE CIRCLE OFFICER NILAMBAZAR REVENUE CIRCLE P.O. NILAMBAZAR DISTRICT- KARIMGANJ ASSAM PIN- 78872

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Advocate for the Petitioner : MR B SINHA,

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

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 02-06-2026

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Heard Mr. H. Islam, 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. By filing this writ petition, the petitioner has prayed for a simple direction to the respondent authorities to dispose of his application dated 13.03.2023 submitted before the Circle Officer, Nilambazar Revenue Circle, for mutation and correction of revenue records by recording his name in respect of homestead land measuring 77 decimals (3 Kedars) under Taluk No. 15809/224 of Abdul Goni, Revenue Survey No. 5740 (old)/285 (new), Final Khatian No. 57 covered by Dag No. 32 (old)/27 (new) of MouzaFathepur Pt-I, Ph-Eagarsati, within Nilambazar Revenue Circle in the District of Karimganj, presently Sribhumi District.

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4. The petitioner, who claims to be the surviving legal heir of late Motasin Ali, M/o late Tayabi Bibi, contends that his grandmother, late Tayabi Bibi, occupied the subject homestead land measuring 77 decimals under Taluk No. 15809/224 of Abdul Goni, Revenue Survey No. 5740 (o)/285 (n), Final Khatian No. 57 of Mouza-Fathepur Pt-I, Ph-Eagarsati in the erstwhile District of Cachar and then under Karimganj District and now

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Sribhumi District. The petitioner claims that late Tayabi Bibi was in occupation and possession of the subject land and accordingly, her name was entered as a Rayot under Khatian No. 57. The petitioner further claims that after the demise of late Tayabi Bibi, his father, late Motasin Ali, inherited the subject land and thereafter, the petitioner inherited the same after the demise of his father.

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5. According to the petitioner, he inherited the subject land after the demise of his father. The petitioner applied for inclusion of his name in the draft chitha/revenue records; however, the respondent authorities, without considering the grievance of the petitioner regarding recording of his name, recorded the subject land as Khas land. It is the contention of the petitioner that he has a right to have his name recorded in the revenue records in terms of 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 application dated 13.03.2023 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 application for recording his name in the revenue records in terms of the applicable provisions of law and as agreed to by the learned counsels for the respondents, Ms. N. Bordoloi, learned Standing Counsel for the Revenue Department and Mr. H. Sarma, learned State Counsel, I deem it appropriate to dispose of this writ petition with a direction to the petitioner to file an application before the District Commissioner, Sribhumi District, within a period of 20 (twenty) days from today. On receipt of the application, the District Commissioner, Sribhumi District, shall consider and dispose of the same in accordance with law,

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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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Comparing Assistant

Hussain Ahmed v. the State of Assam and 2 Ors.

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Hussain Ahmed v. the State of Assam and 2 Ors.

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