Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 3 Ors on 18 November, 2020
Page No.# 1/3
GAHC010000132019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/50/2019
ELAS ALI AND 2 ORS.
S/O- LATE SAYAB ALI
R/O- VILL.- BERAR PATTA, P.O. AND P.S.- NILAMBAZAR, DIST.-
KARIMGANJ, ASSAM, PIN- 788722
2: JALAL UDDIN
3: MOIN UDDI
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
REVENUE DEPARTMENT, DISPUR, GHY-6.
2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
(REVENUE)
3:THE DEPUTY COMMISSIONER
KARIMGANJ
4:THE ASSISTANT SETTLEMENT OFFICE
Advocate for the Petitioner : MR. S S S RAHMAN
Advocate for the Respondent : GA, ASSAM
BEFORE
Page No.# 2/3
THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
ORDER
18.11.2020 Heard Mr. SSS Rahman, learned counsel for the petitioners. Also present Mr. R Borpujari, learned standing counsel for the Revenue Department representing respondent Nos. 1 and 2 and Mr. CKS Baruah, learned State counsel representing respondent Nos. 3 and
4. The petitioners filed WP(C) No. 4779/2014 which was disposed of on 12.01.2018 holding as follows:
"The land originally belonged to late Promod Ch Das and Sudhayna Das who was jotadedar in Murarari Chandra Roy decennial Taluk No. 15958/1 Vittanidhaner Kath, Mauza Iswarishri Pargona Dowadi in the erstwhile Cachar District. After abolition of the Zamindari system under the Assam State Acquisition of Zamindari Act, 1951, the land was put under settlement where after the predecessor-in-interest of the petitioners was issued the working khatian No. 213. On the basis of the said working khatian the petitioners' predecessor-in-interest paid the revenue on the strength of the Farag. In this manner the petitioners have been possessing the land which was purchased by Sayab Ali, their predecessor-in-interest. It is submitted that the present petitioners vide representation dated 27.06.2014 prayed before the Deputy Commissioner, Karimganj District for issuance of the requisite patta by expressing their intention to opt the said status of land holder under the Assam Land Revenue Regulation 1886. But the said respondent has failed to consider their prayer and as such they had preferred this writ petition for a direction to the respondents for necessary relief.
This court accordingly dispose of this writ petition with a direction to the Deputy Commissioner, Karimganj to consider the matter as per law and if the same could be decided on the admitted fact to the petitioners made in this petition. If there is any dispute with other private parties, same may be referred to be resolved in the proper court of law.
This exercise be carried out within a period of three months from the date of Page No.# 3/3 submission of certified copy of this order to the Deputy Commissioner, Karimganj."
Later on, the petitioners have filed this Interlocutory Application seeking for correction in the order dated 12.01.2018 in respect of the Working Khatian No. from 213 to 211. This court vide various orders directed the concerned land revenue officials of the district concerned to make a verification in respect of the claim made in the Interlocutory Application and submit the report. In the Interlocutory Application, a copy of the Working Khatian No. 211 is annexed which shows that the land covered thereunder stands in the name of Deity "
Sri Sri Gopal Jeecs". In pursuant of the direction passed by this court, the land revenue officials of Karimganj district informed this court that the Working Khatian is not available in the district records room in the Deputy Commissioner's Office of Karimganj district as the same is an old record. The Working Khatian was issued immediately after the abolition of the Zamindari system whereafter Working Khotians were introduced at Barak Valley. On the basis of the said Working Khatian subsequently necessary pattas were issued.
Keeping in view the importance of the Working Khatian, in my considered view the correction sought for by the petitioner by changing the Working Khatian No. 213 to 211 is difficult on the part of this writ court. Under such circumstances, this Interlocutory Application stands disposed of with a direction to the petitioner to file appropriate civil suit in the appropriate court for a proper declaration that the Working Khatian 211 belongs to the petitioners.
With the said observation, this Interlocutory Application stands disposed of.
JUDGE Comparing Assistant