Ismail Ali and 2 Ors v. Thw Assam Board of Revenue and 6 Ors

PageoNo.#o1/3 GAHC010209282015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1186/2015o ISMAILoALIoando2oORSo 2:oISAHAKoALI o 3:oISOBoALI oALLoAREoS/OoLT.oFAZARoALI oALLoR/OoVILL.oNO.1 oRAMPUR oP.O.oDEJOOoTEAoESTATE oMOUZAoNOWBOICHA oP.S.oN.oLAKHIMPUR oDIST-LAKHIMPUR oASSAo VERSUSo THWoASSAMoBOARDoOFoREVENUEoando6oORSo GUWAHATI-01 2:THEoADDL.oDY.oCOMMISSIONER oNORTHoLAKHIMPUR oLAKHIMPUR 3:MST.oPHULBANO oW/OoMD.oAINUDDIN oR/OoCHABOTIoPADUMONI oMOUZA-oNAKARI oN.oLAKHIMPUR oDIST-oLAKHIMPUR oASSAM 4:MST.oANUWARAoKHATUN Page No.# 2/3 D/O LT. ABDUL MOTLEB 5:MD. ABDUL KHALEQUE

6:MD. ABU BAKAR SIDDIQUE BOTH S/OLT. ABDUL MOTLEB ALL R/O VILL. KONDURA POTHAR P.O. DEJOO TEA ESTATE MOUZA-NOWBOICHA P.S. N.LAKHIMPUR DIST-LAKHIMPUR ASSAM 7:THE CIRCLE OFFICER NOWBOICHA N.LAKHIMPUR DIST-LAKHIMPUR ASSA For the petitioner (s) : Mr. A. Ganguli, Advocate

For the respondent (s) : Mrs. U. Das, Addl. Sr. Govt. Advocate

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

25.01.2024 The instant writ petition has been filed challenging the order dated

17.11.2014 passed by the learned Assam Board of Revenue in Case No.79RA(L)/2014 whereby the appeal of the petitioners was dismissed on the ground that the learned Additional Deputy Commissioner, Lakhimpur was justified in dismissing the appeal filed by the petitioners on the ground of limitation.

¶2This Court has duly heard the learned counsel for the petitioners as well as Mrs. U. Das, the learned Additional Senior Government Advocate. Page No.# 3/3 It has been duly submitted that the petitioners have also filed a suit for declaration of right, title and interest as well as for recovery of possession of the land which is the subject matter of the present proceedings. The said suit is registered and numbered as Title Suit No.33/2023 pending before the learned Court of the Civil Judge, Senior Division, Lakhimpur at North Lakhimpur.

¶3This Court has duly given an anxious consideration to the matter and the well settled principle of law that mutation does not confer any title and the right, title and interest in respect to the land can only be adjudicated by a competent Civil Court.

¶4Under such circumstances, this Court is not interfering with the order dated 17.11.2014 passed by the learned Assam Board of Revenue as the reasons so assigned are justified. This Court however observes that irrespective of the mutation so granted to the private respondents, the right in respect to the land shall be subject to the outcome of the civil proceedings.

¶5With the above, the instant writ petition stands disposed of.

JUDGE Comparing Assistant