Musstt Hazera Khatun v. The State of Assam and 4 Ors

ORDER Date : 17-05-2024

¶1Heard Mr. J.C. Borah, learned counsel for the petitioner; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue & Disaster Management department for respondent no. 1 and Mr. S. Baruah, learned Government Advocate, Assam for respondent nos. 2 & 3.

¶2The petitioner has instituted the instant writ petition to assail an Order dated

04.02.2021 passed by the Additional Deputy Commissioner, Nagaon in Misc. Appeal no. 75/2018-2019. The order dated 04.02.2021 has been passed by the Additional Deputy Commissioner acting as an appellate authority against an order of mutation.

¶3Section 147[a] of the Assam Land and Revenue Regulation, 1886 has provided for an appeal to the Board of Revenue, Assam from an order, original or appellate, passed by the Deputy Commissioner. As per Section 3[m], 'Deputy Commissioner' includes and shall be deemed always to have included the Additional Deputy Commissioner. Thus, the Order dated Page No.# 3/3

04.02.2021 is an appealable order. Though a period of limitation of two months is provided in clause-[a] of sub-section [1] of Section 148 of the Assam Land and Revenue Regulation, 1886, sub-section [3] of Section 148 has provided that an appeal may be admitted after the period of limitation prescribed thereof by Section 148 when the appellant satisfies the Board of Revenue that he/she has sufficient cause for not presenting the appeal within the prescribed period of limitation.

¶4In view of the availability of the provision for preferring a statutory appeal which appears to be an adequate and efficacious remedy, the writ petition, at this stage, is not entertained, reserving a liberty to the petitioner to exhaust the remedy of preferring the statutory appeal, at first, before the Board of Revenue, Assam.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010011312024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2582/2024o MUSSTToHAZERAoKHATUNo DAUGHTERoOFoLATEoAZIMUDDIN,o WIFEoOFoMOHAMMADoALI,o RESIDENToOFoVILLAGE-1oNO.oKATHPARA,o P.S.-oRUPAHIHAT,oDISTRICT-oNAGAON,o ASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,o DISPUR,oGUWAHATI-06. 2:THEoADDITIONALoDEPUTYoCOMMISSIONER oDISTRICToNAGAON oASSAM. 3:THEoCIRCLEoOFFICER oRUPAHIoREVENUEoCIRCLE oDISTRICT-oNAGAON oASSAM. 4:MUSSTT.oHALEMONoNESSA oWIFEoOFoLATEoABDULoMALEK o RESIDENToOFoVILLAGE-oNIZoSAIDARIA o MOUZA-oSAIDARIA o P.O-oSAIDARIA oP.S.-oRUPAHI Page No.# 2/3 DISTRICT- NAGAON ASSAM PIN- 782125. 5:JOYNAL ABEDIN SON OF LATE HASEM ALI RESIDENT OF VILLAGE- NIZ SAIDARIA MOUZA- SAIDARIA P.S.- RUPAHI DISTRICT- NAGAON ASSAM PIN- 782125 Advocate for the Petitioner : MR J C BORAH Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY