Japir Ali and 2 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)/7465/2023

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JAPIR ALI AND 2 ORS S/O- LT. MUJAMIL ALI VILL- PATHEPUR P.O. CHATAL DIST.- KARIMGANJ ASSAM PIN- 788720

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2: KAMAL UDDIN S/O- LT. ARKAM ALI VILL- PATHEPUR P.O. CHATAL DIST.- KARIMGANJ ASSAM PIN- 788720

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3: MOTAI MIA S/O- LT. ARKAM ALI VILL- PATHEPUR P.O. CHATAL DIST.- KARIMGANJ ASSAM PIN- 788720 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

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P.O. AND DISTRICT- 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, 3 (three) in numbers, by filing this writ petition have prayed for a simple direction to the respondent authorities to dispose of the application dated 21.03.2023, submitted by them, in respect of the land measuring 2.5 acre (7.5 Kedars) covered by Dag No.141(0)/489(n) under Mohal-Dashana, Taluk No.15623/35 of Uttam Chand, Final Khatian

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No.20 of Mouza-Fathepur Pt-I, Ph-Eagarsati, in the District of Karimganj, presently Sribhumi District.

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4. The petitioners, who claim to be the legal heirs of late Mujamil Ali, S/o Lt. Hobib Ali. The petitioner No. 2 and 3 are the surviving legal heir of Lt. Arkam Ali, S/o Lt. Mujamil Ali, great grandfather of Hobib Ali, resident of Vill- Fathepur, Mouza-Fathepur Pt-I, Ph-Eagarsati, Dist-Karimganj, contend that their predecessor-in-interest late Hobib Ali was in occupation and possession of the subject land measuring 2.5 acre (7.5 Kedars) covered by Dag No.141(o)/489(n) under Mohal-Dashana, Taluk No.15623/35 of Uttam Chand, Final Khatian No.20 of Mouza-Fathepur Pt-I, Ph-Eagarsati, in the erstwhile District of Cachar and then under Karimganj District and now Sribhumi District. The petitioners claim that late Hobib Ali was recorded as Rayot under Khatian No.20.

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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 21.03.2023 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

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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 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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Japir Ali and 2 Ors. v. the State of Assam and 2 Ors.

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Japir Ali and 2 Ors. v. the State of Assam and 2 Ors.

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