Bogen Oza v. The State of Assam and 5 Ors

O R D E R

07.08.2024

Heard Mr. M. H. Ahmed, the learned counsel appearing on behalf of the petitioner. Mr. A. Bhatta, the learned counsel appears on behalf of the respondent No.1 and Mr. J. Handique, the learned counsel appears on behalf of the respondent Nos.3, 4 & 5.

¶2Taking into account the order which this Court proposes to pass in the instant proceedings, issuance of notice upon the respondent No.6 is dispensed with.

¶3The petitioner herein has filed the instant writ petition for stalling the Page No.# 3/3 partition proceedings pending before the District Commissioner, Lakhimpur filed by the respondent No.6. The reason for approaching this Court is that the petitioner's mutation application is pending, and as such, in absence of the decision in the mutation application if a partition is carried out, the petitioner would be affected. This Court has also taken note of the objections which have been filed by the petitioner before the District Commissioner, Lakhimpur. The said objections, however, do not seem to be in consonance with the provisions of Section 100 of the Assam Land and Revenue Regulation, 1886. The learned counsel appearing on behalf of the petitioner submits that the petitioner has right over the land wherein the partition has been sought for. If that be so, this Court fails to understand why the petitioner has not filed any application bringing to the attention of the District Commissioner, Lakhimpur about the said aspect. It is well settled principle of law that if there is a dispute as regards the title over the property, the Revenue Authority has to relegate the parties to the Civil Court before proceeding with the partition. Under such circumstances, this Court does not find the instant writ petition a fit case for exercising the powers of judicial review, and accordingly, the instant writ petition stands dismissed.

¶4However, the petitioner is always at liberty to approach the District Commissioner, Lakhimpur and file objection in the partition proceedings within the ambit of law.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010155972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3939/2024o BOGENoOZAo S/O-oLATEoBHOGIRAMoOZAo@oBHOGMONoOZA,o R/O-oVILLAGE-oKHAMONoKONWARoGAON,o P.O-oBAHPARA,o P.S-oDHAKUAKHANA,oDIST-oLAKHIMPUR,oASSAM,oPIN-787055 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oREVENUEoANDo DISASTERoMANAGEMENToDEPARTMENT,oDISPUR,oGUWAHATI-06 2:THEoDISTRICToCOMMISSIONER oLAKHIMPUR o P.OoANDoP.S-oLAKHIMPUR oPIN-787001 3:THEoADDL.oDISTRICToCOMMISSIONER o(REVENUE) oLAKHIMPUR oASSAM 4:THEoSUBoDIVISIONALoOFFICER oDHAKUAKHANAoREVENUEoCIRCLEo oP.OoANDoP.S-oDHAKUAKHANA oDIST-oLAKHIMPUR oASSAM oPIN-787055 5:THEoCIRCLEoOFFICER oDHAKUAKHANAoREVENUEoCIRCLE Page No.# 2/3 P.O AND P.S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN-787055 6:JITEN OZA S/O- LATE NOMAL OZA R/O- VILLAGE LACHIT NAGAR NEAR IN FRONT OF NURSING SCHOOL P.O- KHOBOLIA P.S AND DIST- DHEMAJI ASSAM PIN-78705 For the petitioner (s) : Mr. M. H. Ahmed, Advocate For the respondent (s) : Mr. A. Bhatta, Advocate Mr. J. Handique, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH