Md. Habibur Rahman and 3 Ors v. The State of Assam and 2 Ors

ORDER Date : 22.04.2024

Heard Mr. M. A. Seikh, learned counsel for the petitioner. Ms. P. R. Mahanta, learned standing counsel of Revenue for the respondent no.1 and Mr. M. Goswami, learned Govt. Advocate for the respondent nos.2, 3 and 4.

¶2The petitioner has projected that he is the owner of the land which is referred to in Schedule 'B' and 'C' of this writ petition, which is claimed to be a patta land and it is alleged that in the year 2008, the said land was re-converted into an annual patta land without putting him to notice.

¶3Accordingly, for restoration of the status of the land, representation dated

24.08.2022 had been filed by the petitioner before the District Commissioner, Tezpur and the same is pending. Hence, this writ petition has been filed for a direction to the said respondent to dispose of the said representation submitted by the petitioner.

¶4In the considered opinion of the Court, orders passed for changing the status of the land would be an appealable order within the meaning of Section 147 of the Assam Land and Revenue Regulation Act, 1886. The re-conversion of land by way of representation is not envisaged under the scheme of Assam Land and Revenue Regulation Act, 1886.

¶5Therefore, the Court is inclined to close this writ petition by granting liberty to the petitioner to assail the said order in the manner provided under Page No.# 4/4 the Assam Land and Revenue Regulation Act, 1886.

¶6With the said liberty, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010079602024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2153/2024o MD.oHABIBURoRAHMANoANDo3oORSo SONoOFoMD.oALIo@oMAHAMMADoALI,o R/O-oVILLAGE-oNO.1oDOLABARI,o P.O.-oKALIAoBHOMORA,o P.S.-oTEZPUR,o DISTRICT-oSONITPUR,oASSAM,o PIN-o784027. 2:oMAZIBURoRAHMAN oSONoOFoMD.oALIo@oMAHAMMADoALI o R/O-oVILLAGE-oNO.1oDOLABARI o P.O.-oKALIAoBHOMORA o P.S.-oTEZPUR o DISTRICT-oSONITPUR oASSAM o PIN-o784027. 3:oMAFIJULoALI oSONoOFoMD.oALIo@oMAHAMMADoALI o R/O-oVILLAGE-oNO.1oDOLABARI o P.O.-oKALIAoBHOMORA o P.S.-oTEZPUR o DISTRICT-oSONITPUR oASSAM o Page No.# 2/4 PIN- 784027. 4: NAZRUL ALI @ NURJUL ALI SON OF MD. ALI @ MAHAMMAD ALI R/O- VILLAGE- NO.1 DOLABARI P.O.- KALIA BHOMORA P.S.- TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784027 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE COMMISSIONER (DEPUTY COMMISSIONER) OF SONITPUR DISTRICT AT TEZPUR P.O.- TEZPUR HEAD OFFICE DISTRICT- SONITPUR ASSAM PIN- 784001. 3:THE CIRCLE OFFICER TEZPUR REVENUE CIRCLE TEZPUR P.O.- TEZPUR DISTRICT- TEZPUR ASSAM PIN- 784001 Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : SC, REVENUE Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA