Bonani Kemprai v. The Chief Executive Member and 5 Ors

ORDER Date : 29-04-2024 (S. Shyam, J.)

Heard Mr. B. Pathak, learned counsel appearing for appellant. Also heard Mr. N. Das, learned Government Advocate appearing for respondent No. 2. Mr. C. Sarma learned counsel has appeared for respondent Nos. 1, 3, 4 & 5 and Mr. B. Baruah, learned counsel has appeared for respondent No. 6. This intra-court appeal is directed against the judgment and order dated

22.09.2023 passed by the learned Single Judge in WP(C) No. 7716/2019 interfering with the order of mutation dated 01.07.2019 granted in favour of the appellant. It appears that pursuant to the impugned judgment and order dated

22.09.2023, afresh order of mutation was granted on 03.11.2023 in favour of Page No.# 3/3 the respondent No. 6.

Mr. Pathak submits that during the pendency of this proceeding, the respondent No. 6 has instituted Title Suit No. 02/2023 before the court of Civil Judge (Junior Division), Dima Hasao and the suit is pending disposal, wherein the appellant is also a party. The apprehension of Mr. Pathak is, however, on account of the fact that unless an observation is made by this court, the order dated 03.11.2023 will attain finality, thus, conferring indefeasible right upon the respondent No. 6. It is settled law that in any land dispute raising question of title and possession, the decree of the civil court would have to be respected by the Revenue Authority while making entry in the record of the right, which ought to be manifested by an order of mutation. Since a civil suit is already pending before the competent court pertaining to the same plot of land by and between the contesting parties, we see no reason for making any further observation in the writ appeal save and except providing that order of mutation dated

03.11.2023 granted in favour of the respondent No. 6 shall abide by the decree to be passed by the civil court in Title Suit No. 02/2023.

With the above observation, the instant writ appeal stands disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010264902023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/105/2024o BONANIoKEMPRAIo W/OoLATEoPOBITROoKEMPRAI,oRESIDENToOFoGADAINoRAZEE,oHAFLONG,o P.S-oHAFLONG,oDIST-oDIMAoHASAO,oHAFLONG,oPIN-o788819 VERSUSo THEoCHIEFoEXECUTIVEoMEMBERoANDo5oORS.o DIST-oDIMAoHASAO,oHAFLONG,oPIN-o788819 2:THEoDEPUTYoCOMMISSIONER oDIMAoHASAO oHAFLONG oDIST-oDIMAoHASAO oHAFLONG oPIN-o788819 3:THEoLANDoREVENUEoANDoSETTLEMENToOFFICER oNORTHoCACHARoHILLSoAUTONOMOUSoCOUNCIL oHAFLONG oDIST-oDIMAoHASAO oHAFLONG oPIN-o788819 4:THEoREVENUEoOFFICERo(W) oNoCoHILLSoAUTONOMOUSoCOUNCIL oHAFLONG oDIST-oDIMAoHASAO oHAFLONG 5:LOToPATWARI oI/CoHAFLONGoNoCoHILLSoAUTONOMOUSoCOUNCIL oDIST-oDIMAoHASAO Page No.# 2/3 HAFLONG PIN- 788819 6:SWARUP KHERSA S/O- LATE SURESH KHERSA R/O- NEAR GOVT BOYS HIGH SCHOOL GADAIN RAZEE HAFLONG P.S- HAFLONG DIST- DIMA HASAO HAFLONG PIN- 78881 Advocate for the Petitioner : MR B PATHAK Advocate for the Respondent : MR R M DAS BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR HONOURABLE MR. JUSTICE SUMAN SHYAM