Page No.# 1/4 GAHC010181752018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5659/2018 KUMUD NATH AND 3 ORS. S/O. PEPURU NATH, RESIDENT OF VILLAGE KOITASIDHI, MOUZA- CHAYANI IN THE DISTRICT OF KAMRUP, ASSAM, PIN- 781125. 2: JYOTISH NATH S/O. PEPURU NATH RESIDENT OF VILLAGE KOITASIDHI MOUZA- CHAYANI IN THE DISTRICT OF KAMRUP ASSAM PIN- 781125. 3: MUKUL NATH S/O. LATE PRAFUL NATH RESIDENT OF VILLAGE KOITASIDHI MOUZA- CHAYANI IN THE DISTRICT OF KAMRUP ASSAM PIN- 781125. 4: GOPAL NATH S/O. PEPURU NATH RESIDENT OF VILLAGE KOITASIDHI MOUZA- CHAYANI IN THE DISTRICT OF KAMRUP ASSAM PIN- 781125 VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY COMMISSIONER AND SECRETARY, DEPTT. OF REVENUE, GOVT. OF ASSAM, GUWAHATI-06. 2:THE DEPUTY COMMISSIONER KAMRUP METRO, GUWAHATI- 789001. Page No.# 2/4 3:THE DEPUTY COMMISSIONER KAMRUP(R) AMINGAON PIN- 78031 4:THE LAND ACQUISITION OFFICER KAMRUP(M) GUWAHATI ASSAM PIN 789001 5:THE LAND ACQUISITION OFFICER KAMRUP(R) AT AMINGAON PIN- 731031 6:THE CIRCLE OFFICER PALASBARI CIRCLE MIRZA PIN- 781125 Advocate for the Petitioner : MR. P UPADHYAY, MR. D SARMAH,MR A UPADHYAY,MS. K JAIN Advocate for the Respondent : SC, REVENUE, SC, C G S C,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 19.02.2026 Heard Shri S. Hazarika, learned counsel appearing on instruction of Shri D. Sarma, learned counsel for the petitioners. Also heard Shri N. Goswami, learned State Counsel as well as Ms. P. R. Mahanta, learned Standing Counsel, Revenue Department. The writ petition was instituted in the year 2018 with the following prayer: “In the premises aforesaid, it is most respectfully prayed that Your Lordships may be pleased to admit this petition, call for the record of the case and issue a Rule Page No.# 3/4 calling upon the Respondents to show cause as to why the direction/ orders in the nature of mandamus should not be issued directing to the Respondents for restoration of the patta of the land of the Petitioners by making necessary correction in the relevant Jamabandi of the land of the Petitioners and/ or pass order/orders as your lordships may deem fit and proper. And for this act of kindness the Petitioner as in duty bound, shall ever pray.” Shri Hazarika, the learned counsel for the petitioners has submitted that they are the owners of a plot of land measuring 01 Bigha 03 Katha 12 Lechas covered by Patta No. 120 Dag No. 273 of Village-Koitasidhi, Mouza-Chayani in the district of Kamrup. In the year 1976, a plot of land was acquired and due to some mistake on the part of the Revenue Official, the Dag No. 273 in which the plot of the petitioners is located was included in the acquisition order. As a result thereof, the names of the owners were struck off in the records of right and the land was shown to be “Sarkari” process. It is the specific case of the petitioners that their land was not the subject matter of the acquisition process and therefore a direction has been sought for rectification. It is also being contended that because of the aforesaid circumstance, the petitioners have not been able to pay the land revenue. In this case, written instructions were obtained which have been placed on record. Shri Goswami, the learned State Counsel has submitted that though affidavit-in-opposition, as such has not been filed, as per the instructions obtained, it appears that the plot of land covered by Dag No. 273 was not the part of the acquisition proceeding. He has also referred to a joint verification carried out in this regard. Considering the aforesaid facts and circumstances and the submissions Page No.# 4/4 advanced on behalf of the State including the written instructions, this Court is of the view that interest of justice would be served if the petitioners are permitted to approach the appropriate authority, namely, the Circle Officer, Palashbari Revenue Circle within a period of 15 days from today for carrying out the necessary correction. Upon submission of such application, the same is directed to be considered and appropriate steps taken in lines of the observation made in this order. The outcome of the exercise is to be communicated to the petitioners by a speaking order. While undertaking the exercise, the authorities would also take into consideration the Joint Verification Report. The present direction has given by taking into consideration that this writ petition is pending since the year 2018. Writ petition is accordingly disposed of. JUDGE Comparing Assistant