Asad Uddin and 12 Ors. Vs the State of Assam and 2 Ors.

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GAHC010286102023

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2026:GAU-AS:7639

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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)/7452/2023

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ASAD UDDIN AND 12 ORS S/O- LT. SABBIR AHMED VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720.

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2: FAIZUR RAHMAN TALUKDAR S/O- LT. KURSHID ALI VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720. 3: HELAL UDDIN S/O- FAIZUR RAHMAN VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720. 4: BILAL AHMED S/O- FAIZUR RAHMAN VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720.

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5: ABDUL SALAM TALUKDAR

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S/O- FAIZUR RAHMAN VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720.

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6: HUSSAIN AHMED S/O- LT. SABBIR AHMED VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720.

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7: ABDUL BASIT S/O- LT. SABBIR AHMED VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720.

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8: HARUN AHMED S/O- LT. SABBIR AHMED VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720. 9: GULJAR HUSSAIN S/O- LT. ATAUR RAHMAN VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720. 10: ABDUL MANAF S/O- LT. IBRAHIM ALI VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720. 11: ABDUL WAHAB

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S/O- LT. ABDUL KADIR VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720.

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12: ABDUL MUNIM S/O- ABDUL WAHAB VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720.

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13: SAYRUN NESSA D/O- LT. SUNA MIA VILL- KHAGAIL P.O.- JADUTILA DIST.- KARIMGANJ ASSAM PIN- 788720.

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI-6.

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2:THE DEPUTY COMMISSIONER KARIMGANJ P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788710. 3:THE CIRCLE OFFICER NILAMBAZAR REVENUE CIRCLE P.O.- NILAMBAZAR DISTRICT- KARIMGANJ ASSAM PIN- 788722. -----------Advocate for : MR B SINHA Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 2 ORS

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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 petitioners. 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 petitioners, 13 (thirteen) in numbers, by filing this writ petition have prayed for a simple direction to the respondent authorities to dispose of their application dated 18.03.2023, in respect of the land measuring 11.66 acres (35 Bighas) covered by Dag No. 218 (o)/207 (n) under Final Khatian No. 61, Taluk No. 15691/104 of Mohammad Kabir, Revenue Survey No. 5739 (o)/279 (n) of Mouza-Khagail, Ph-Eagarsati, within Nilambazar Revenue Circle, in the District of Karimganj, presently Sribhumi District.

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4. The petitioners, who claim to be the surviving legal heirs of late Sabbir Ahmed, S/o late Abdul Kadir; late Kurshid Ali, S/o late Anfor Ali; late Ataur Rahman, S/o late Abdul Kadir; late Ibrahim Ali, S/o late Jalal Uddin; late Abdul Kadir, S/o late Arzid Ali; late Abdul Wahab, S/o late Abdul Kadir; and late Suna Mia, S/o late Katu Mia, resident of Village & Mouza-Khagail, Ph-Eagarsati, District-Karimganj, contend that their fathers

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and grandfathers namely late Abdul Kadir, late Anfor Ali, late Jalal Uddin and late Katu Mia were occupying baru paddy land measuring 11.66 acres (35 Bighas) covered by Dag No. 218 (o)/207 (n) under Taluk No. 15691/104 of Mohammad Kabir, Revenue Survey No. 5739 (o)/279 (n), Final Khatian No. 61 of Mouza-Khagail, Ph-Eagarsati, in the erstwhile District of Cachar, then under Karimganj District and now Sribhumi District, Assam. It is the case of the petitioners that the names of their predecessors were recorded as Rayots in the said Khatian. The petitioners further contend that upon the demise of their respective predecessors-ininterest, they have inherited the subject land and succeeded to their rights and possession.

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5. According to the petitioners, they inherited the subject land after the demise of their fathers and grandfathers. The petitioners applied for inclusion of their names in the Khatian; however, the respondent authorities, without considering the grievance of the petitioners regarding recording of their names, recorded the subject land as Khas land. It is the contention of the petitioners that they have right to have their names 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, they submit that their application dated 18.03.2023 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 petitioners for disposal of their application for recording their names 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

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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 petitioners 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, 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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Asad Uddin and 12 Ors. v. the State of Assam and 2 Ors.

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Asad Uddin and 12 Ors. v. the State of Assam and 2 Ors.

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