On the Death of Abul Fojol Prodhani, His Legal Heirs and 2 Ors v. The State of Assam and 7 Ors

ORDER 04-01-2023 Heard Ms. R. Choudhury, learned counsel for the petitioners whereas the State is represented by Shri N. Goswami, learned counsel and Revenue Department is represented by Ms. G. Hazarika, learned Standing Counsel. Respondent Nos. 7 and 8 are represented by Shri S. Rana, learned counsel. Considering the nature of the dispute and as agreed to by the parties, the writ petition is disposed of at the admission stage. Page No.# 4/5 Initially this writ petition was filed by three numbers of petitioners. However, during the pendency, the petitioner No. 1 had passed away and has been substituted by his legal heirs. The grievance is broadly against the action of the Revenue authorities in inserting the names of the respondent Nos. 7 and 8 in the records of right pertaining to a plot of land measuring 2 Bigha 3 Katha 9 Lecha covered by Dag No.165 of Patta No. 64 (Khiraj Miadi) in Village Hatsingimari, Mouza Mankachar. It is not in a dispute that the petitioner and the private respondent Nos. 7 and 8 are the legal heirs of Nabiar Rahman Prodhani. It is the case of the petitioners that as per family arrangement, the present plot of land was allotted to the petitioners and the respondent Nos. 7 and 8 were allotted another plot. Accordingly, in the records of right, it was the names of the petitioners which found place. However, it appears that behind the back of the petitioners, the respondent Nos. 7 and 8 had applied for inclusion of their names and the same has been done. The petitioners alleged that the aforesaid correction has been done without giving any opportunity to the petitioners and on the aforesaid ground, the writ petition has been filed. Ms. Choudhury, the learned counsel for the petitioners submits that the petitioners would be satisfied if the matter is remanded back through the concerned authority, namely, Settlement Officer, Dhubri and Kokrajhar districts to re-consider by hearing all the affected parties. Shri S. Rana, the learned counsel for the respondent Nos. 7 and 8 however disputes the projection made by the petitioners and submits that they being the legal heirs of Nabiar Rahman Prodhani are at par and their names are rightly reflected in the records of right of the plot of land in question. The learned counsel however has not opposed to the proposition that a hearing may be afforded to all the affected parties before including their names in the records of right. Shri N. Goswami, the learned State Counsel submits that such a direction may be issued which will redress the grievance of the petitioners. In view of the aforesaid facts and circumstances and the broad consensus Page No.# 5/5 arrived at in the Bar, the exercise for inclusion of the names of the respondent Nos. 7 and 8 in the Jamabandi of the plot of land in question be re-done by the competent authority indicated above by affording the affected parties i.e. the petitioners and the respondent Nos. 7 and 8 an opportunity of hearing. The parties would be at liberty to submit any written statement as well as documents to substantiate their respective claims. The aforesaid exercise be conducted and completed within a period of 3 (three) months from the date of receipt of the certified copy of the order. Writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010191422021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6434/2021o ONoTHEoDEATHoOFoABULoFOJOLoPRODHANI,oHISoLEGALoHEIRSoANDo2oORSo S/OoLATEoNABIARoRAHMANoPRODHANI,oR/OoVILLoANDoP.O.- HATSINGIMARI,oP.S.-SOUTHoSALMARA,oDIST-SOUTHoSALMARA- MANKACHARo(ASSAM) 1.1:o(a)oROSHINAoBEGUM oW/O.oLATEoABULoFOJOLoPRODHANI. 1.2:o(b)oAFRUJAoBEGUM oD/O.oLATEoABULoFOJOLoPRODHANI o W/O.oAMJADoALI 1.3:o(c)oANOWARAoBEGUM oD/O.oLATEoABULoFOJOLoPRODHANI o W/O.oHAIDERoALI. 1.4:o(d)oRAFIQULoISLAMoPRODHANI oS/O.oLATEoABULoFOJOLoPRODHANI. 1.5:o(e)oRANIJAoBEGUM oD/O.oLATEoABULoFOJOLoPRODHANI o W/O.oZAKIRoHUSSAIN. 1.6:o(f)oANARKOLIoBEGUM oD/O.oLATEoABULoFOJOLoPRODHANI o W/O.oAZIRULoISLAM. 1.7:o(g)oBABITAoBEGUM oD/O.oLATEoABULoFOJOLoPRODHANI o PageoNo.#o2/5 W/O.oRASHILoSK. 1.8:o(h)oSOFIQULoISLAMoPRODHANI oS/O.oLATEoABULoFOJOLoPRODHANI. 1.9:o(i)oSOFIURoRAHMANoPRADHANI oS/O.oLATEoABULoFOJOLoPRODHANI 1.10:o(j)oMOFIDABEGUMo@oMOFIDAoKHATUN oD/O.oLATEoABULoFOJOLoPRODHANI.o ALLoAREoRESIDENToOFoVILLAGEoANDoP.O.oHATSINGIMARI oP.S.oSOUTHoSALMARA oDIST.oSOUTHoSALMARA-MANKACHAR oASSAM. 2:oFOTEYoALIoPRODHANI oS/OoLATEoNABIARoRAHMANoPRODHANI oR/OoVILLoANDoP.O.-HATSINGIMARI oP.S.-SOUTHoSALMARA oDIST-SOUTHoSALMARA-MANKACHARo(ASSAM) 3:oKHAIRULoISLAMoPRODHANI oS/OoLATEoNABIARoRAHMANoPRODHANI oR/OoVILLoANDoP.O.-HATSINGIMARI oP.S.-SOUTHoSALMARA oDIST-SOUTHoSALMARA-MANKACHARo(ASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVTo OFoASSAM,oREVENUEo(SETTLEMENT)oDEPARTMENT,oDISPUR,oGUWAHATI- 2:THEoDIRECTOR oLANDoRECORDSoANDoSURVEYSoETC. oRUPNAGAR oGUWAHATI-32 3:THEoDEPUTYoCOMMISSIONER oSOUTHoSALMARAoMANKACHAR oPIN-783131 4:THEoSETTLEMENToOFFICER oDHUBRIoANDoKOKRAJHARoDISTRICTS oDHUBRI oPIN-783301 Page No.# 3/5 5:THE ASSISTANT SETTLEMENT OFFICER MANKACHAR REVENUE CIRCLE MANKACHAR PIN-783131 6:THE CIRCLE OFFICER MANKACHAR REVENUE CIRCLE MANKACHAR PIN-783131 7:FAZLUR RAHMAN PRODHANI S/O LATE NABIAR RAHMAN PRODANI VILL AND P.O.-HATSINGIMARI PS.-SOUTH SALMARA DIST-SOUTH SALMARA-MANKACHAR (ASSAM) PIN-783135 8:NUREMA KHATUN W/O NURUR ZAMAN SK D/O LATE NABIAR RAHMAN PRODHANI VILL AND P.O.-HATSINGIMARI P.S.-SOUTH SALMARA DIST-SOUTH SALMARA-MANKACHAR (ASSAM) PIN-78313 Advocate for the Petitioner : MS. R CHOUDHURY Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI