Abdul Kalam Shekh v. The State of Assam and 9 Ors

ORDER Date : 07.02.2024

¶1The instant writ petition has been filed by the Petitioner seeking a direction that the Minutes of the Meeting held on 07.02.2019 whereby it was decided to reconstruct the 2nd R.S. Chitha and Jamabandi of Mouza Chandipur Grant under Algapur Revenue Circle of Hailakandi District be set aside and quashed and for a direction upon the Respondent No.3 to take appropriate steps on the representation dated 22.02.2019.

¶2This Court has duly perused the materials on record and from the said documents, it does not show as to how the Petitioner in any way is connected with the 2nd R.S. Chitha in question. This Court has also taken note of that the Petitioner has filed a complaint before the Court of the Chief Judicial Magistrate, Hailakandi which was registered and numbered as CR No.452c/2018. In the said proceedings, the allegations made therein relate to certain interpolation made in the original draft chitha of 2nd R.S. Chitha. Pursuant to the said complaint case which was filed, the Judicial Magistrate First Class had issued process vide an order dated 16.08.2018. It is therefore the case of the Petitioner that if the Respondent Authorities are directed to carry out the reconstruction of the 2nd R.S. Chitha and Jamabandi of Mouza Chandipur Grant, it would destroy the evidence in respect to the said criminal proceedings. This Court however finds it very pertinent to take note of that the said criminal proceedings however has been quashed by the learned Sessions Judge, Hailakandi in Criminal Revision No.46/2018 vide an order dated 02.05.2019. Therefore, as on date, there exist no criminal proceedings. Page No.# 4/4

¶3This Court cannot also be unmindful of the fact that the Petitioner herein has challenged the said order dated 02.05.2019 passed in Criminal Revision No.46/2018 before this Court which have been registered and numbered as Criminal Petition No.315/2019 and the said proceedings are presently pending as submitted by the learned counsels for the parties.

¶4Taking into account that the question as regards the interpolation so made in the draft chitha of the 2nd R.S. Chitha is pending before this Court in Criminal Petition No.315/2019, it is the opinion of this Court that the said documents which exist as on date in respect to the 2nd R.S. Chitha and Jamabandi of Mouza Chandipur Grant be retained. It is also the opinion of this Court that to reconstruct the 2nd R.S. Chitha and Jamabandi is absolutely within the jurisdiction of the authorities concerned taking into account the administrative exigencies.

¶5Accordingly, the instant writ petition stands disposed of with the following observations and directions:

(i) The existing records in respect of 2nd R.S. Chitha and Jamabandi of Mouza Chandipur Grant which was seized on 04.11.2018 from the residence of Md. Kaji Abdul Hakim, patawari (retired) be retained.

(ii) The Respondent Authorities would be at liberty to carry out the reconstruction of the 2nd R.S. Chitha and Jamabandi of Mouza Chandipur Grant seized on 04.11.2018 from the residence of Md. Kaji Abdul Hakim, patawari (retired) as per the provisions of law but while doing so, the existing records be destroyed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010288092019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/3026/2019 ABDULoKALAMoSHEKH S/OoLT.oAMIRoALIoSHEKH oVILL.oCHANDIPURoPATR-oIII oP.O.oKALIBARIoBAZAR oP.S.oALGAPUR oDIST.-oHAILAKANDI oASSAM oPIN-788150 oVERSUS THEoSTATEoOFoASSAMoANDo9oORS. REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oLANDoANDoREVENUEoDEPTT.oASSAM oDISPUR oGUWAHATI-6 2:THEoDIRECTOR LANDoRECORDSoANDoREVENUEoDEPTT.oASSAM oRUPNAGAR oGUWAHATI-17 o3:THEoDEPUTYoCOMMISSIONER oHAILAKANDI P.O.oP.S.ANDoDIST.-HAILAKANDI oASSAM oPIN-788163 o4:THEoSETTLEMENToOFFICER oCACHARoANDoHAILAKANDIoDISTRICTS P.O.oANDoP.S.oSILCHAR oDIST.-CACHAR oASSAM oPIN-788001 o5:THEoSENIORoASSISTANToSETTLEMENToOFFICERoHAILAKANDI P.O.oP.S.oANDoDIST.oHAILAKANDI oASSAM Page No.# 2/4 PIN-788163 6:THE ASSISTANT SETTLEMENT OFFICER ALGAPUR CIRCLE P.O. KALIBARI BAZAR P.S. ALGAPUR DIST. HAILAKANDI ASSAM PIN-788150 7:RUTH LIENTHANG THE THEN IN CHARGE ASSISTANT SETTLEMENT OFFICER ALGAPUR PRESENTLY POSTED AS ADDITIONAL DEPUTY COMMISSIONER KARIMGANJ P.O. PS AND DIST. KARIMGANJ PIN-788710 8:DILIP KUMAR DAS THE THEN RECORD KEEPER ALGAPUR REVENUE CIRCLE PRESENTLY POSTED AT LALA REVENUE CIRCLE P.O. LALA DIST.-HAILAKANDI ASSAM PIN-788164 9:DIPAK DAS REVENUE SHERISTADAR O/O THE DEPUTY COMMISSIONER HAILAKANDI P.O P.S AND DIST. HAILAKANDI PIN-788163 10:SAFIQUE AHMED BARBHUIYA @ SHOFIQUE AHMED PATWARI UNDER ALAGAPUR CIRCLE P.O. KALIBARI BAZAR P.S. ALGAPUR DIST.-HAILAKANDI ASSAM PIN-788150 ------------ For the Petitioner(s) : Mr. A.M.S. Mazumder, Advocate For the Respondent(s) : Ms. U. Das, Addl. Sr. GA : Mr. J. Laskar, Advocate Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH