Hemadhar Gogoi v. The State of Assam and 4 Ors

ORDER Date : 29.04.2024 Heard Ms. D. Angana, learned counsel for the petitioner. Ms. P. R. Mahanta, learned standing counsel of the Revenue Department for the respondent no.1; Mr. J. Handique, learned Govt. Advocate for the respondent nos.2 to 4; Mr. U. S. Borgohain, learned counsel for the respondent no.5.

¶2In this writ petition, it is projected that the land measuring 2 katha 10 lecha, covered by Dag no.359 of Patta no.261 of village-Khubalia, Mouza-Dhemaji was standing in the name of Late Sukheswar Gogoi, the father of the petitioner. However, it is alleged that the said land was illegally mutated in the name of respondent no.5, namely, Kushal Gogoi. Although the petitioner has submitted representations before the District Commissioner, Dhemaji on

18.05.2022, 01.07.2022 and 17.10.2022, as no action was taken, this writ petition has been filed under Article 226 of the Constitution of India. Page No.# 3/3

¶3We find that the Assam Land and Revenue Regulation, 1886 contains specific provisions for filing of Appeal against order of mutation passed by the Land Revenue Authorities in the district.

¶4On a query of this Court, the learned counsel for the petitioner has submitted that formal appeal was not filed but representations were submitted on three occasions.

¶5Be that as it may, alternative remedy is prescribed in the Assam Land and Revenue Regulation, 1886.

¶6We also take note of the stand taken by the respondent no.5 in his affidavit-in-opposition, where he has claimed that the land was purchased vide Registered Sale Deed no.21 dated 06.01.2022 on payment of valuable consideration. Thus, if the petitioner wants to assail the same, other alternative remedy is available in law.

¶7In view of the alternative remedy available against the order of mutation, and moreover from the facts of this case, it appears that disputed questions of facts would be required to be adjudicated, this writ petition is not maintainable. Therefore, the Court declines to entertain this writ petition.

¶8Accordingly, this writ petition stands closed with liberty to the petitioner to avail such alternative remedy as he may be so advised. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010258042022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8210/2022o HEMADHARoGOGOIo S/OoLATEoSOKHESWARoGOGOI,o RESIDENToOFoVILL.oKHUBALIA,o P.O.-oKHUBALIA,oMAUZA,oP.S.oANDoDIST.-oDHEMAJI,oPI-o787057. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o REVENUEoDEPARTMENT,oDISPUR,o GUWAHATI-6,oDIST.-oKAMRUP(M),o ASSAM. 2:THEoDEPUTYoCOMMISSIONER oDHEMAJI oDIST.-oDHEMAJI oASSAM o PIN-o787057. 3:THEoADDL.oDEPUTYoCOMMISSIONER oDHEMAJIo(REVENUE) oDIST.-oDHEMAJI oPIN-o787057. 4:THEoCIRCLEoOFFICER oDHEMAJI oDHEMAJIoREVENUEoCIRCLE o DHEMAJI-o787057 oASSAM. Page No.# 2/3 5:KUSHAL GOGOI S/O LATE JIBON GOGOI RESIDENT OF VILLAGE- KHUBALIA DIST.- DHEMAJI PIN- 787057 ASSAM Advocate for the Petitioner : MR. P TALUKDAR Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA