Maleka Bibi and Anr v. The State of Assam and 5 Ors

ORDER Date : 22.11.2024

Mr. M.U. Mondal, the learned counsel appearing on behalf of the petitioners submitted that from the affidavit-in-opposition filed by the Circle Officer, Bilasipara Revenue Circle, it categorically appears that out of 2 Bighas 2 Kathas Page No.# 3/4 and 12 Lechas of land covered by Dag No. 421(New)/ 154 (Old) and included in Patta No. 233 of Revenue Village Fakiranirjhar Part-II, under Bilasipara Revenue Circle, the petitioners herein are in possession of 1 Bigha of land. This aspect of the matter has been duly admitted by the Circle Officer, Bilasipara Revenue Circle in the instant proceedings.

¶2In addition to that, Mr. M.U. Mondal, the learned counsel submitted that the petitioners are in possession of the said land for the last 80 (Eighty) years and as such by right of adverse possession, the petitioners have title over of the said land.

¶3This Court taking into account the said submission enquired with Mr. M.U. Mondal, the learned counsel appearing on behalf of the petitioners as to whether the proceedings before this Court can be the appropriate proceedings for deciding as to whether the petitioners have adverse possession over the said land and thereby make a declaration of title in favour of the petitioners.

¶4Mr. M.U. Mondal, the learned counsel appearing on behalf of the petitioners submitted that the petitioners would be well advised to approach the appropriate Civil Court seeking right, title and interest on the basis of various materials including the affidavit filed by the Circle Officer, Bilasipara Revenue Circle. He therefore, submitted that the petitioners would like to withdraw the instant writ petition and file a suit before the Competent Court of civil jurisdiction seeking appropriate declaration of right, title, and interest as well as for confirmation of possession.

¶5Taking into account the above, the instant writ petition stands closed on withdrawal.

¶6It is however observed that the withdrawal of the instant writ petition Page No.# 4/4 would not prejudice the petitioners in any suit filed by the petitioners seeking declaration of right title and interest along with confirmation of possession.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010176912023 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4861/2023o MALEKAoBIBIoANDoANRo W/O-oNURoMAHAMMAD,o D/O-oLT.oJOYNALoABDIN,o R/O-oVILL-oFAKIRANIRJHAR,oPT-II,o P.O.-oBARKANDA,o P.S.-oBILASIPARA,o DIST.-oDHUBRIo(ASSAM),o PIN-o783348. 2:oNURoMAHAMMAD oS/O-oLT.oABEDoALI o R/O-oVILL-oFAKIRANIRJHAR oPT-II o P.O.-oBARKANDA o P.S.-oBILASIPARA o DIST.-oDHUBRI o(ASSAM) o PIN-o783348o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,o DISPUR,oGHY-6. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENToASSAM oDISPUR Page No.# 2/4 GHY-06. 3:THE DEPUTY COMMISSIONER DHUBRI DIST.- DHUBRI PIN- 783301. 4:THE ADDITIONAL DEPUTY COMMISSIONER DHUBRI P.O. AND P.S.- DHUBRI DIST. DHUBRI ASSAM PIN- 783301. 5:THE SETTLEMENT OFFICER DHUBRI DIST.- DHUBRI PIN- 783301. 6:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE DIST- DHUBRI ASSAM PIN- 783348 For the Petitioner(s) : Mr. M.U. Mondal, Advocate For the Respondent(s) : Mr. N. Goswami, Govt. Advocate Ms. N. Bordoloi, SC, Revenue BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH