Md. Abdul Hasim and 2 Ors v. The State of Assam and 2 Ors

ORDER

06.03.2024

¶1Heard Mr. J. Sarmah, learned counsel for the petitioner. Also heard Mr. S. Baruah, learned Government Advocate for the State respondents.

¶2The writ petitioners herein claim to be holder of Annual Patta in respect of the land involved in this proceeding. According to the petitioners, they have applied for conversation of the said Annual Patta into Periodic Patta land. However, they are aggrieved due to non consideration of their prayer for conversion of Patta into Periodic Patta.

¶3The State respondent by filing an affidavit-in-opposition, has taken a stand that the measurement of the land in question have been found mismatched. It is the further stand of the respondents that such applications for conversion/partition of the land are to be accepted only through online portal of ARTPS (presently Sewa-Setu). It is a specific stand of the respondents that if the petitioners apply via online portal, the same will be disposed of as per guidelines framed in this Page No.# 3/3 regard.

¶4In view of the aforesaid stand of the respondent authorities, Mr. Sarma, learned counsel for the petitioner submits that the petitioners may be granted a liberty to approach the respondent authorities afresh by filing application as per extant norms which includes application through online portal.

¶5In view of the aforesaid consensus, this writ petition stands disposed of providing the petitioners to apply for conversion of their Annual Patta land to Periodic patta land as well as for demarcation of the land as per extant norms and guidelines as may be prescribed before the competent authority.

¶6In the event, such applications are filed, that should be considered by the respondent authorities and be disposed of as per mandate of the extant guidelines.

¶7This writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010212912023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5665/2023o MD.oABDULoHASIMoANDo2oORSo SONoOFoLATEoABDULoJABBAR,o RESIDENToOFoKATIMARIoPATHAR,o P.S.-oNAGAON,o DISTRICT-oNAGAON,oASSAM. 2:oMD.oABDULoSATTAR oRESIDENToOFoKATIMARIoPATHAR o P.S.-oNAGAON o DISTRICT-oNAGAON oASSAM. 3:oMD.oABDULoHAI oSONoOFoLATEoABDULoJABBAR o RESIDENToOFoKATIMARIoPATHAR o P.S.-oNAGAON o DISTRICT-oNAGAON oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,o REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoDISTRICToCOMMISSIONER oNAGAONoDISTRICT Page No.# 2/3 NAGAON PIN- 782001. 3:THE CIRCLE OFFICER NAGAON REVENUE CIRCLE NAGAON PIN- 782001 Advocate for the Petitioner : MR. J SARMAH Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY