Gauhati High Court
Page No.# 1/15 vs The State Of Assam And Ors on 17 August, 2022
Page No.# 1/15
GAHC010002192003
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6498/2003
ON THE DEATH OF SRI KAMAL SARMA HIS LEGAL HEIR, SRI RIJU
PRASAD SARMA AND 2 ORS
S/O LATE RABATI PRASAD SARMA, A R/O KAMAKHYA HILL, GUWAHATI
781010, KAMRUP (M), ASSAM.
2: SRI KABINDRA PRASAD SARMA
S/O. LATE SANKAR PRASAD SARMA
R/O. KAMAKHYA DHAM
KAMRUP (METRO)
GUWAHATI-781010
ASSAM.
3: THE DEITY OF GODDESS SRI SRI KAMAKHYA
REPRESENTED BY THE BOARD OF TRUSTEES
KAMAKHYA DEBUTTER
KAMAKHYA HILL
GUWAHAT
VERSUS
THE STATE OF ASSAM and ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT. OF
REVENUE, DISPUR, GUWAHATI 781006
2:THE DEPUTY COMMISSIONER
KAMRUP
GUWAHATI
3:THE SETTLEMENT OFFICER
KAMRUP.
4:THE ADDITIONAL DEPUTY COMMISSIONER
REVENUE
Page No.# 2/15
KAMRUP
GUWAHATI.
5:SHRI RADHIKA KALITA
SON OF LATE AMBIRAM KALITA
6:SHRI JITEN DAS
SON OF LATE GOBINDA DAS
7:SRI BASU DEV GAYAN
SON OF LATE DABIN GAYAN
8:SHRI SUNESWAR DAS
SON OF BHOLARAM DAS
9:SHRI SAMIR SARMA
SON OF SHRI AMRIT SHARMA
10:SHRI JAGADISH SARMA
SON OF SHRI KHARGESWAR SARMA
11:SHRI MUHIT SARMA
SON OF SHRI PARAMANANDA SARMA
12:SRI SAILESWAR SARMA
SON OF LATE SAKRESWAR SARMA
13:SRI RATUL PRASAD SARMA
SON OF LATE HIRANYA PRASAD SARMA
14:SRI NALIN PRASAD SARMA
SON OF SRI KAMALA PRASAD SARMA
15:SHRI KAJAL SARMA
SON OF SHRI SANKAR SARMA
16:GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
BHANGAGARH
GUWAHATI
17:THE STATE OF ASSAM
REPRESENTED BY COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
GUWAHATI DEVELOPMENT AUTHORITY
18:SRI LALIT MOHAN DAS
VILLAGE KAMAKHYA GAON
MAUJA JALUKBARI
Page No.# 3/15
POST OFFICE GUWAHATI-12
DISTRICT KAMRUP
Respondent No 18 impleaded vide order dated 16/09/2013 passed in Misc Case No
614/2009 and Misc Case No1484/2010
19:SHRI JOGESWAR SAIKIA
S/O SHRI MALBHOG SAIKIA
ADDRESS KALIPUR
GUWAHATI
P.S. BHARALUMUKH UNDER MAUZA JALUKBARI DISTRICT KAMRUP
ASSAM Respondent No 19 impleaded vide order dated 16/09/2013 passed in Misc
Case No 1952/2010
20:. SRI MAHANTA SWAMI RASH BEHARI DAS KATHIA BABA
SON OF SHRI MAHANTA SWAMI DHANANJOY DAS KATHIA BABA
GURUKUL ROAD
POST OFFICE VRINDAVAN
DISTRICT MATHURA
UTTAR PRADESH
REPRESENTED BY HIS CONSTITUTED ATTORNEY SRI NISHITENDU DHAR
ADVOCATE SON OF LATE NAGENDRA KUMAR CHOUDHURY
A.K.AZAD ROAD
REHABARI
P.PO.GUWAHATI-08
DISTRICT KAMRUP
ASSAM Respondent No 20 impleaded vide order dated 16/09/2013 passed in Misc
Case No 2107/2010 and Misc Case No 2108/2010
21:SHRI NANDI NATH SARMA
VICE CHAIRMAN KAMAKHYA DEBUTTAR BOARD
KAMAKHYA HILL
GUWAHATI Respondent No 19 impleaded vide order dated 16/09/2013 passed in
Misc Case No 2492/2010
22:SHRI PURNA CHANDRA SARMA
S/O SHRI PRABHAT CH.SARMA RESIDENT OF KAMAKHYA HILL TOP
P.S. JALUKBARI
GUWAHATI
23:SRI SUBHAS SARMA
S/O SHRI PRABHAT CH.SARMA RESIDENT OF KAMAKHYA HILL TOP
P.S. JALUKBARI
GUWAHATI
24:SRI MRINAL SARMA
S/O SHRI ARUN CH.SARMA RESIDENT OF KAMAKHYA HILL TOP
P.S. JALUKBARI
GUWAHATI
Page No.# 4/15
25:SRI KALYAN SARMA
S/O SHRI ARUN CH.SARMA RESIDENT OF KAMAKHYA HILL TOP
P.S. JALUKBARI
GUWAHATI Respondent No 22 to 25 impleaded vide order dated 16/09/2013 passed
in Misc Case No 1586/2011and Misc Case No 1587/2011
26:SRI PALIT KR BORA
S/O LATE PADMANATH BORA R/O DAHABARACHUK
JORHAT-01
PRESENTLY RESIDING AT ARUNADAY APARTMENT BLOCK NO.1
FLAT NO 302 Respondent No 26 impleaded vide order dated 16/09/2013 passed in
Misc Case No 722/2012 and Misc Case No 723/2012
27:ASHEERBAD CONSTRUCTION COMPANY PVT LTD
INCORPORATION NO 03-04583
REPRESENTED BY ITS DIRECTOR SMTI RATNA SARMAH
28:SRI RABINDRA NATH SARMAH
S/O LATE PITAMBAR SARMAH R/O MALIGAON CHARIALI
P/S JALUKBARI GUWAHATI-11 Respondent No 27 and 28 impleaded vide order
dated 16/09/2013 passed in Misc Case No 1070/2013 and Misc Case No 1071/2013
29:SRI NILAMBAR SARMAH
RESIDENTS OF A.T. ROAD
VILLAGE AND P.O.-KAMAKHYA
P.S. JALUKBARI
GUWAHATI KAMRUP METRO
30:SRI BHABA KT. SARMAH
RESIDENTS OF A.T. ROAD
VILLAGE AND P.O.-KAMAKHYA
P.S. JALUKBARI
GUWAHATI KAMRUP METRO
31:SRI KAMALA KT. SARMAH
RESIDENTS OF A.T. ROAD
VILLAGE AND P.O.-KAMAKHYA
P.S. JALUKBARI
GUWAHATI KAMRUP METRO
32:SRI LAKSHI KT. SARMAH
RESIDENTS OF A.T. ROAD
VILLAGE AND P.O.-KAMAKHYA
P.S. JALUKBARI
GUWAHATI KAMRUP METRO Respondent No 29 to 32 are impleaded vide order
dated 16/09/2013 passed in Misc Case No 1224/2013 and Misc Case No 1225/2013
Page No.# 5/15
33:WEST GUWAHATI COLLEGE OF EDUCATION
PANDUNATH GUWAHATI
KAMRUP
ASSAM REPRESENTED BY PRINCIPAL AND SECRETARY SMT GITANJALI
CHOUDHURY
34:SMT GITANJALI CHOUDHURY
WIFE OF SRI BRAJENDRA CHOUDHURY
RESIDENT OF KAHILIPARA
SURABHI PATH
JANAKPUR
GUWAHATI 5 Respondent No 33 and 34 are impleaded vide order dated 16/09/2013
passed in Misc Case No 1242/2013 and Misc Case No 1243/2013
35:THE DEPUTY REGISTRAR
KAMRUP METRO PANBAZAR
GUWAHATI-781001
36:THE SENIOR SUB REGISTRAR
KAMRUP METRO PANBAZAR
GUWAHATI-781001
37:THE SUB REGISTRAR
KAMRUP METRO PANBAZAR
GUWAHATI-781001
38:THE JOINT SUB REGISTRAR
KAMRUP METRO PANBAZAR
GUWAHATI-781001 Respondent No 35 to 38 are impleaded vide order dated
16/09/2013 passed in Misc Case No 1836/2013
39:THE DEPUTY COMMISSIONER
KAMRUP METRO
GUWAHATI-781001
40:THE ADDITIONAL DEPUTY COMMISSIONER REVENUE
KAMRUP METRO
GUWAHATI-781001 Respondent No 39 and 40 are impleaded vide order dated
16/09/2013 passed in Misc Case No 1838/2013
41:DR. SUBHASH KHANNA
S/O SRI KRISHANLAL KHANNA MANAGING DIRECTOR OF SWAGAT
HOSPITAL P LTD. BHARALUMUKH
GUWAHATI-09 Respondent No 41 is impleaded vide order dated 16/09/2013 passed
in Misc Case No 2016/2013 and Misc Case No 2017/2013
42:SHRI BRAJEN KALITA
Page No.# 6/15
S/O LATE NAREN KALITA R/O KALIPUR
GUWAHATI
DIST KAMRUP ASSAM Respondent No 42 is impleaded vide order dated
16/09/2013 passed in Misc Case No 2018/2013 and Misc Case No 2020/2013
43:SUBHAM PLANNERS LTD.
FORMERLY SUBHAM PLANNERS PVT. LTD
REGISTERED OFFICE
AT SUBHAM VELOCITY
5TH FLOOR
HARI RAM BORA PATH
G.S. ROAD
OPP- WALFORD
GUWAHATI-5
REPRESENTED BY ITS DIRECTOR
SRI ROHIT LOHIA
R/O SRIKUNI HOUSE
HOUSE NO- 11
MAHADEVPUR
REHABARI
GUWAHATI-8
DIST- KAMRUP (M)
ASSAM.
44:SRI SUPARAS MAL BAID
S/O LATE KANKHYA LAL BAID
R/O MALIGAON
GUWAHATI
DIST- KAMRUP (M)
ASSAM.
45:SRI ARABINDA SENGUPTA
S/O DILIP KUMAR SENGUPTA.
46:SMTI. AJANTA SENGUPTA
W/O SRI ARABINDA SENGUPTA.
47:SMT. KRISHNA BISWAS
S/O LATE PARTHA PRATIM BISWAS
48:SRI PARTHA PRATIM BISWAS
S/O LATE AJIT KUMAR BISWAS.
49:SMT. SUNITA JHABAK
W/O SRI RAJ KUMAR JHABAK
Page No.# 7/15
50:SMT. SONU SETHIA
W/O SRI DHANPAT R. SETHIA
51:SRI DHANPAT R. SETHIA
S/O SRI SUMER MAL SETHIA
52:SRI KRISHNA SHARMA
S/O SRI SANWARMAL SHARMA.
53:SMT. KALPANA NEOG
W/O SRI KABYAJYOTI NEOG
54:KABYAJYOTI NEOG
S/O LATE JYOTISH CHANDRA NEOG
55:SRI VIMAL CHAND KHAJANCHI
S/O LATE VALCHAN KHANCHI
56:SMTI. CHANDRAKALA KHAJANCHI
W/O SRI VIMAL CHAND KHAJANCHI
57:SMT. PARWATI DEVI HARLALKA
W/O LATE NAND KISHORE HARLALKA
58:SRI JITENDRA KUMAR YADAV
S/O SRI PRABHUNATH YADAV
59:SRI AMIT KUMAR YADAV
S/O SRI PRABHU NATH YADAV
60:SRI SANDIP KEDIA
S/O SRI MAHABIR PRASAD KEDIA
61:SRI SANJIB KUMAR MITRA
S/O LATE BYOMKESH MITRA
62:SRI SEKHAR PODDER
S/O LATE SRISH CHANDRA PODDER
63:SMT. SNEHA HARLALKA
D/O LATE DILIP AGARWAL
64:SMT. SWAPNA DUTTA
W/O LATE PANKAJ DUTTA
RESPONDENT NO 45 TO 64 ARE RESIDENTS OF DWARKA ENCLAVE
MALIGAON
Page No.# 8/15
GUWAHATI-781012
KAMRUP (M)
ASSAM.
65:SRI SEKHAR PODDER
S/O LATE SRISH CHANDRA PODDER
66:SMT. SNEHA HARLALKA
D/O LATE DILIP AGARWAL.
67:SMT. SWAPNA DUTTA
W/O LATE PANKAJ DUTT
Advocate for the Petitioner : MR. M K CHOUDHURY
Advocate for the Respondent : GA, ASSAM
Linked Case : I.A.(Civil)/1401/2022
SRI PRABEEN KR. MASKARA AND 2 ORS.
S/O LATE MAHABIR PRASAD MASKARA
R/O B.K. KAKATI ROAD
ULUBARI
GUWAHATI-781007
2: PAWAN KUMAR GOEL
S/O SHER SINGH GOEL
R/O LAMB ROAD
AMBARI
GUWAHATI-781001
3: M/S ACCENT REALCON PVT. LTD.
HAVING ITS REGISTERED OFFICE AND PRINCIPLE PLACE OF BUSINESS AT
B.K. KAKATI ROAD
ULUBARI
GUWAHATI-781007
VERSUS
ON THE DEATH OF SRI KAMAL SARMA HIS LEGAL HEIR
SRI RIJU PRASAD SARMA AND 6 ORS
S/O LATE REBATI PRASAD SARMA
R/O KAMAKHYA HILL
GUWAHATI-781010
Page No.# 9/15
KAMRUP(M)
ASSAM
2:KABINDRA PRASAD SARMA
S/O LATE SANKAR PRASAD SARMA
R/O KAMAKHYA DHAM
KAMRUP(M)
GUWAHATI-781010
ASSAM
3:THE DEITY GODDESS SRI SRI KAMAKHYA
REP. BY THE BOARD OF TRUSTEES KAMAKHYA DEBUTTER
KAMAKHYA HILL
GUWAHATI
4:THE STATE OF ASSAM
REP. BY THE SECY. TO THE GOVT. OF ASSAM
DEPTT. OF REVENUE
DISPUR
GUWAHATI-781006
5:THE DEPUTY COMMISSIONER
GUWAHATI
KAMRUP(M)
ASSAM
6:THE SETTLEMENT OFFICER
KAMRUP (M)
ASSAM
7:THE ADDITIONAL DEPUTY COMMISSIONER
REVENUE
KAMRUP(M)
ASSAM
------------
Advocate for : MR. W SARMA
Advocate for : appearing for ON THE DEATH OF SRI KAMAL SARMA HIS
LEGAL HEIR
SRI RIJU PRASAD SARMA AND 6 ORS
Linked Case : I.A./1197/2015
BRAJEN KALITA
VERSUS
THE STATE OF ASSAM and ORS
Page No.# 10/15
------------
Advocate for : MR.S BARMAN
Advocate for : MR. D MAZUMDAR
ADDITIONAL GOVERNMENT ADVOCATE appearing for THE STATE OF
ASSAM and ORS
Linked Case : WP(C)/2486/2014
JYOTINDRA NARAYAN DUTTA BORUAH and ANR
S/O LT. HARI NARAYAN DUTTA BARUAH
R/O COLLEGE HOSTEL ROAD
PANBAZAR
GHY-1
P.S. PANBAZAR
DIST- KAMRUP METRO
ASSAM
2: MANIDEEPA DUTTA BARUAH
W/O LT. RAMENDRA NARAYAN DUTTA BARUAH
R/O COLLEGE HOSTEL ROAD
PANBAZAR
GHY-1
P.O. and P.S. PANBAZAR
DIST- KAMRUP METRO
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
REVENUE DEPARTMENT
DISPUR
GHY-6
2:THE DY. COMMISSIONER
KAMRUP METRO
PANBAZAR
GHY-1
3:THE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE
PANBAZAR
GHY-1
4:MONOROMA DUTTA BARUAH
W/O LT. MANINDRA NARAYAN DUTTA BARUAH
5:RENU DUTTA BARUAH
Page No.# 11/15
W/O LT. BHABENDRA NARAYAN DUTTA BARUAH
6:ON THE DEATH OF SREEMOYEE DUTTA BARUAH
HER LEGAL HEIRS 6(a) AND 6(b) REPRESENTING
W/O LT. JATENDRA NARAYAN DUTTA BARUAH
NOS.4 TO 6 ARE THE R/O SREE GURU PRESS COMPLEX
NEAR MALIGAON RLY GATE NO.3
GHY-11
DIST- KAMRUP METRO
ASSAM
6:(b) SMTI. ANUSHKA SINGH
D/O. LATE JITENDRA DUTTA BARUAH
R/O. F-63
GREENWOOD CITY
NEAR UNITECH CYBER PARK
SECTOR-46
GURGAON
HARYANA-122002.
6:(a) SRI PRASENJEET DUTTA BARUAH
S/O. LATE JITENDRA DUTTA BARUAH
R/O. S-17/1701
CLOSE SOUTH
NIRVANA COUNTRY
SOUTH CITY-2
GURGAON
HARYANA-122018.
------------
Advocate for : MR. S P ROY
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : I.A.(Civil)/3071/2019
PRABEEN KR. MASKARA AND 2 ORS
S/O LATE MAHABIR PRASAD MASKARA
R/O B.K. KAKATI ROAD
ULUBARI
GUWAHATI 781007
VERSUS
KAMAL SHARMA AND 66 ORS
CHAIRMAN (ACTING) KAMAKHYA DEBUTTAR BOARD
KAMAKHYA HILL
GUWAHATI.
Page No.# 12/15
------------
Advocate for : MR. S P ROY
Advocate for : MR. J DEKA appearing for KAMAL SHARMA AND 66 ORS
Linked Case : MC/1818/2010
SRI JOGESWAR SAIKIA
VERSUS
KAMAL SARMA and 5 ORS
------------
Advocate for : J DEKA
Advocate for : GA
ASSAM appearing for KAMAL SARMA and 5 ORS
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 17.8.2022 Heard Mr. M. K. Choudhury, learned Senior counsel assisted by Mr. P. Bharadwaj, learned counsel for the petitioners and Mr. D. Mazumdar, learned Addl. Advocate General assisted by Ms. P. Devi, learned counsel for the respondent State.
The present writ petition is filed by the Chairman, Kamakhya Debutter Board with the following prayer:
".........prayed that the Hon'ble Court would be graciously pleased to admit this petition call for the records pertaining to the preparation of the Original Jamabandi in 1973 and the Page No.# 13/15 duplicate Register and the cithas, alongwith such original Jamabandi and Duplicate Register and the cithas, and the records pertaining to the current re-settlement operation which is in progress, issue a Rule callikng upon the respondents to show cause as to why the original Jamabandi and Duplicate Register and current re-settlement operation along with all steps in furtherance thereof already undertaken by the respondent No.3 be not declared as null and void and illegal in view of the non- demarcation of the retainable areas of lands and be further pleased to issue a Rule in the nature of Mandamus calling upon the respondent No.3 to refrain from proceeding any further with the re-settlement operation in any manner whatsoever and / or to issue any other appropriate writ, order or direction and upon hearing the parties or any such causes or causes being shown and upon perusal of the records, registers and documents be pleased to make the rule absolute and and/ or pass any such further or other order or orders as to your Lordship's may deem fit and proper.
AND It is further prayed that pending disposal of the Rule, the process of the current re- settlement operation under taken by the respondent No.3 be suspended and stayed in view of the non-demarcation of the retainable areas ofthe lands of the Kamakhya Debutter and the assurance made to the representative s of the Kamakhya Debutter as per the minutes of the meeting dated 28.7.97 by the respondent No.1 (Annexure-X).
And, for this act of kindness the petitioners would be duty bound to ever pray."
The basic issue raised is that the acquisition of land belonging to Deity of Sri Sri Maa Kamakhya was not done as per the provision of Assam State Acquisition of Lands Belonging to Religious or Charitable Institutions of Public Nature Act, 1959 and the procedure laid down under the said Act was absolutely flouted. It is also alleged that without demarcating the land and without retaining land in the name of the Deity as mandated under the said Act, mutations were granted to persons who were not tenants. Accordingly, the aforesaid prayer of declaring the records of right prepared by revenue authority is null and void, was made. During the course of argument, it has come to the notice of this court that the Deputy Commissioner, Kamrup (M) by filing an Page No.# 14/15 affidavit on 23.7.2010 took a stand in para 14 which reads as follows:
" .... that with regard to the statements made in para 37 and 42 of the writ petition, I reiterate and reaffirm the statement made in the forgoing paragraphs of this affidavit and further say that the demarcation of land covered by dags retained in the name of Kamakhya Dewalay could be demarcated even now, should the petitioner be agreeable".
In view of the aforesaid stand, without commenting anything on merit of the issues raised, this Court is of prima facie view that certain land were retained in the name of the Deity of Sri Sri Maa Kamakhya in the process of the acquisition of the land under the Assam State Acquisition of Lands Belonging to Religious or Charitable Institutions of Public Nature Act, 1959.
In that view of the matter this court considers deem it fit to have instruction from the Deputy Commissioner, Kamrup (M) through the learned Addl. Advocate General, Mr. D. Mazumdar as to the present position as regards the land and as stated in the affidavit. Further during the course of the argument, it has also come to the notice of this court that Assam Land and Revenue Regulation 1886 was amended in the year 2019 by incorporating the chapter 11 wherein provision for protection of land belonging to the religious institutions are made. The Deputy Commissioner shall also apprise this Court through learned Addl. Advocate General, whether any steps are required for any action under the Chapter XI, for protection of the lands belonging to Deity of Sri Sri Maa Kamakhya.
In view of the aforesaid this matter is adjourned today and same be listed on 30.8.2022 for further hearing.
A copy of this order be furnished to Ms. P. Devi learned counsel assisting the learned Addl. Advocate General, Assam and Mr. P. Bharadwaj learned counsel assisting Mr. M. K.Choudhury, learned Senior Counsel for the petitioner.
Page No.# 15/15 This case was extensively heard on earlier occasion by this court and Mr. J. Deka, learned counsel for the petitioner No.1 had extensively argued. However, it is submitted that in the meantime, he has handed over the brief to his client. However this court requests him to continue to address this court as Amicus. This court also requests Mr. P. S. Deka, learned Senior Counsel to assist the court as Amicus. Registry to prepare paper book of this case incorporating the writ petition and affidavit filed and hand over a copy each to Mr. P. S. Deka, learned Senior counsel and Mr. J. Deka, learned counsel .
Mr. N. N. Jha learned counsel submits that he has newly been engaged as the counsel for the petitioner Nos 1 and 3. On the next date fixed, he shall argue this case.
The Deputy Commissioner, Kamrup(M) shall properly assist and instruct the learned Addl. Advocate General as directed herein above.
JUDGE Comparing Assistant