Dayal Ch Dey v. The State of Assam and 7 Ors

ORDER Date : 17.02.2024

¶1Both the writ petitions are taken up for disposal by this common order taking into account that the facts and the allegations are inter-related.

¶2From the records, it is claimed by the Petitioners in WP(C) No.5449/2019 that the predecessor-in-interest of the Petitioners had purchased a plot of land vide a registered Deed bearing Deed No.4045 dated 06.07.1962 measuring 4 Bighas 3 Kathas 12 Lechas covered by Dag No.25(old)/202(new) included in 41(old)/529(new) of the N.K. Patta No.2, Khatian No.17.

¶3The record further reveals that proceedings were initiated by issuance of a notification under the provisions of the Assam State Acquisition of Land Belonging to Religious and Charitable Institution of Public Nature Act, 1959 (for short "the Act of 1959") vide a Government Notification No.RRT.17/66/62 dated

05.04.1967. The resultant affect of the said notification and reading the same in terms with Section 3 of the said Act of 1959 and the definition of the "agricultural year" as defined in Section 2(a) of the said Act of 1959 would show that the said notification had come into effect w.e.f. 15.04.1967. Thereupon, this land covered by Dag No.25(old)/202(new) was settled with the predecessor-in-interest of the Petitioners in WP(C) No.5449/2019.

¶4It is also seen from the records that this Dag No.25(old)/202(new) covered by patta No.41(old)/529(new) of N.K. Patta No.2 during the recent concluded resettlement operation became Dag No. 2335 covered by Patta No.1400 of village Dwarandah. It also appears from the instructions kept on record and Page No.# 5/8 marked with the letter "X" that this very Dag No.2335 was again partitioned amongst the Petitioners in WP(C) No.5449/2019 and thereby the Petitioner Nos. 1, 2 and 3 were issued a fresh patta bearing Patta No.1675 and the new Dag became 2658. However, as regards the Petitioner No.4, he was issued a fresh patta being patta No.1674 and the Dag became 2657(new).

¶5In the backdrop of the above facts, if this Court takes up the writ petition i.e. WP(C) No.7184/2021, it reveals that a plot of land measuring 4 Bighas covered by Dag No.205 of Patta No.2 of Village Dwarandha under Mouza Beltola was claimed to have been purchased by one Nepal Chandra Dey (since deceased) i.e. the father of the Petitioner vide a registered Deed bearing Deed No.4527 dated 13.06.1966 and there was a mutation order dated 22.08.1967 passed by the Office of the Deputy Commissioner, Kamrup (M). It is not known as regards the exact quantity of the land in Dag No.205 however, it is seen from the records that this very Dag No.205 during the resettlement operation became Dag Nos. 2337, 2338, 2341, 2342, 2345, 2346, 2350 and 2351.

¶6It is the further case of the Petitioner in WP(C) No.7184/2021 that the name of the Petitioner's father was mysteriously removed from the record of rights and under such circumstances, an application was filed before the Respondent Authorities. Be that as it may, it is the specific case of the Petitioner in WP(C) No.7184/2021 that the said Petitioner's right is confined to Dag No.205(old) and such Dags which were curved out from the said Dag and not in respect to the Dag No. 202 (old) which subsequently was made Dag No.2335 and presently Dag Nos. 2657 and 2658.

¶7In the above perspective, this Court finds it relevant to take note of the challenge so made in WP(C) No.5449/2019 wherein the Petitioners have assailed the notice dated 13.07.2018 issued by the Circle Officer, Dispur Page No.# 6/8 Revenue Circle.

¶8From a perusal of the said notice, it reveals that in view of an application submitted by the father of the Petitioner i.e. late Nepal Chandra Dey seeking demarcation of the land, the Respondent Authorities have asked the Petitioners to appear before the said Circle Officer along with the necessary documents. It is the opinion of this Court that merely by asking the Petitioners to produce certain documents by an authority do not require any interference. Under such circumstances, it is the opinion of this Court that the question of setting aside the notice dated 13.07.2018 does not arise.

¶9The Petitioners in WP(C) No.5449/2019 would be well advised to place the relevant documents before the Circle Officer, Dispur Revenue Circle in support of their claims.

¶10Now coming to the writ petition i.e WP(C) No.7184/2021, it is seen that amongst the reliefs which have been sought for, one of such relief is that this Court should declare that the Petitioner is the owner of Dag No.205(old) in Nisf Kheraj Patta No.1/2 (new) in Village Dwarandha under Beltola Mouza and that the Respondent Nos. 5 to 8 are the owners of a plot of land measuring 4 Bighas 3 Kathas 12 Lechas covered by Dag No. 202(old) in Patta No.1/2 (new) in village Dwarandha, Mouza Beltola in the District of Kamrup. In the opinion of this Court, such a relief cannot be granted in a proceedings under Article 226 of the Constitution and the Petitioner, if he desire such a relief for declaration, the same has to be done before the Civil Court. As regards the other two reliefs as sought for in the writ petition, it is seen that the Respondent Authorities are already taking up such action and in consequence thereof have issued notice dated 13.07.2018 which have been put to challenge in WP(C) No.5449/2019. Under such circumstances, it is the opinion of this Court that as the matter is Page No.# 7/8 pending before the Circle Officer, Dispur Revenue Circle, the Petitioner would be well advised to take appropriate steps before the said authority.

¶11I have also heard Mr. H. Sarma, the learned Standing counsel who submitted that the Circle Officer, Dispur Revenue Circle is taking steps in pursuance to the application which have been filed by the Petitioner in WP(C) No.7184/2021 and would bring the said proceedings to a logical conclusion after hearing both the parties.

¶12Taking into account the above, this Court therefore disposes of the both the writ petitions with the following observations and directions:

(i) The notice dated 13.07.2018 impugned in WP(C) No.5449/2019 is not interfered with and the Petitioners would be well advised to approach the Circle Officer, Dispur Revenue Circle by placing the necessary documents as sought for.

(ii) This Court is not inclined to issue any declaration as sought for in WP(C) No.7184/2021. However, it is observed that the rejection of the said prayer for issuance of declaration shall not preclude the Petitioners in both the writ petition to approach the competent Court of law seeking declarations, if need be. As regards the other reliefs, which have been sought for i.e. for demarcation as well as for correction of the records, the same being now be taken into consideration by the Circle Officer, Dispur Revenue Circle and this Court directs the Circle Officer, Dispur Revenue Circle to bring the said proceedings to a logical conclusion in accordance with law within a period of 6 (six) months from today. The Registry is directed to serve a copy of the instant order to Mr. H. Sarma, the learned Standing counsel for due compliance.

(iii) This Court however would like to observe that the land claimed by the Page No.# 8/8 Petitioners in WP(C) No.5449/2019 arises out of Dag No.202 whereas the land which has been claimed by the Petitioner in WP(C) No.7184/2021 arises out of Dag No.205(old). This Court in the preceding segments of the instant order has categorically mentioned the various dags which were curved out of the above mentioned two dags. The Circle Officer, Dispur Revenue Circle shall duly take note of while deciding the said aspects.

(iv) The interim order so passed earlier in WP(C) No.5449/2019 is vacated.

JUDGE Comparing Assistant

PageoNo.#o1/8 GAHC010178152019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5449/2019o ASHOKoKUMARoGARODIAoANDo3oORS.o S/OoLT.oSHYAMoSUNDARoGARODIA,oVILL.oDARANDHA,oMOUAoBELTOLA,o GUWAHATI,oDIST.oKAMRUPo(M),oASSAM 2:oSANTOSHoGARODIA oS/OoLT.oSHYAMoSUNDARoGARODIA oVILL.oDARANDHA oMOUAoBELTOLA oGUWAHATI oDIST.oKAMRUPo(M) oASSAM 3:oDILIPoGARODIA oS/OoLT.oSHYAMoSUNDARoGARODIA oVILL.oDARANDHA oMOUAoBELTOLA oGUWAHATI oDIST.oKAMRUPo(M) oASSAM 4:oROHITESHoPRASADoAGARWALLA oS/OoLT.oMEMCHANDoAGARWALLA oS.R.C.B.oROAD oBELOWoALLAHABADoBANK oFANCYoBAZAR oGUWAHATI-781001 oREP.oBYoPOWERoOFoATTORNEYoHOLDERoSHRIoSUNILoKUMARoKEJRIWALo VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o REVENUEoDEPTT.oDISPUR,oGUWAHATI-781006,oASSAM Page No.# 2/8 2:THE DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI-781001 ASSAM 3:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE DISPUR ASSAM 4:DAYAL CHANDRA DE S/O LT. NEPAL CHANDRA DE R/O BIRUBARI P.S. AND P.O. PALTAN BAZAR DIST. KAMRUP (M) ASSA For the Petitioner(s) : Mr. P. K. Roychoudhury, Sr. Advocate For the Respondent(s) : Mr. M. J. Baruah, Advocate : Mr. H. Sarma, Standing Counsel Linked Case : WP(C)/7184/2021 DAYAL CH DEY S/O LATE NEPAL CH. DEY RESIDENT OF BIRUBAR PO AND PS PALTAN BAZAR DIST KAMRUP (M) ASSAM 781016 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI BISWAJIT BARUAH S/O LATE MANIK BARUAH RESIDENT OF AKASH BLOCK FLAT NO. 201 SUBHAM HEIGHT KAHILIPARA ROAD NEAR FORENSIC LABORATORY KAHILIPARA GUWAHATI 19 DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR Page No.# 3/8 GUWAHATI 06 2:THE DEPUTY COMMISSIONER KAMRUP M GUWAHATI 01 3:ADDITIONAL DEPUTY COMMISSIONER (LAND AND REVENUE ) KAMRUP M GUWAHATI 01 4:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE 5:ASHOK KUMAR GARODIYA S/O SHYAM SUNDER GARODIYA RESIDENT OF VILLAGE DWARANDHA MOUZA BELTOLA GUWAHATI DIST KAMRUPM ASSAM 6:SRI SANTOSH GARODIYA S/O SHYAM SUNDER GARODIYA RESIDENT OF VILLAGE DWARANDHA MOUZA BELTOLA GUWAHATI DIST KAMRUPM ASSAM 7:SRI DILIP GARODIYA S/O SHYAM SUNDER GARODIYA RESIDENT OF VILLAGE DWARANDHA MOUZA BELTOLA GUWAHATI DIST KAMRUPM ASSAM 8:SRI ROHITASH PRASAD AGARWALA S/O LATE MEMCHAND AGARWALA RESIDENT OF SRCB ROAD BELOW ALLAHABAD BANK FANCY BAZAR GUWAHATI 01 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI SANJAY KUMAR KEJRIWAL ------------ For the Petitioner(s) : Mr. M. J. Baruah, Advocate For the Respondent(s) : Mr. P. K. Roychoudhury, Sr. Advocate : Mr. H. Sarma, Standing Counsel Page No.# 4/8 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH