Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010104282025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2807/2025 KASHEM ALI S/O LATE OSMAN ALI R/O VILL- FAKIRAGRAM P.O. AND P.S. FAKIRAGRAM, DIST. KOKRAJHAR, (BTAD), ASSAM PIN-783345 VERSUS THE STATE OF ASSAM AND 10 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, LAND REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM, DISPUR, GUWAHATI-06. 2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN-783370 3:THE EXECUTIVE MEMBER LR AND DM DEPARTMENT BTC KOKRAJHAR P.O. AND DIST. KOKRAJHAR ASSAM PIN-783370 4:THE ASSISTANT SETTLEMENT OFFICER KOKRAJHAR REVENUE CIRCLE
Page No.# 2/5 KOKRAJHAR P.O. AND DIST. KOKRAJHAR ASSAM PIN-783370 5:THE DIRECTOR OF LAND RECORDS AND SURVEYS KOKRAJHAR P.O.AN DP.S. KOKRAJHAR
DIST. KOKRAJHAR (BTR) ASSAM
PIN-783370 6:THE CIRCLE OFFCER DOTMA REVENUE CIRCLE
P.O. DOTMA
DIST. KOKRAAJHAR ASSAM
PIN-783347 7:SATTAR SK. S/O GOCHAL SK. R/O VILL- FAKIRAGRAM P.O. AND P.S. FAKIRAGRAM DIST. KOKRAJHAR (BTAD) ASSAM
PIN- 783345. 8:ABUL KARIM S/O GOCHAL SK. R/O VILL- FAKIRAGRAM
P.O. AND P.S. FAKIRAGRAM
DIST. KOKRAJHAR (BTAD) ASSAM
PIN- 783345 9:MUKTAR SK. S/O GOCHAL SK. Page No.# 3/5 R/O VILL- FAKIRAGRAM
P.O. AND P.S. FAKIRAGRAM DIST. KOKRAJHAR (BTAD) ASSAM
PIN-783345 10:KHAMURUDDIN SK. S/O JAMAL SK. R/O VILL- FAKIRAGRAM
P.O. AND P.S. FAKIRAGRAM DIST. KOKRAJHAR (BTAD) ASSAM
PIN-783345 11:FAJAL SK. S/O JAMAL SK. R/O VILL- FAKIRAGRAM
P.O.AND P.S. FAKIRAGRAM DIST. KOKRAJHAR (BTAD) ASSAM
PIN-78334 Advocate for the Petitioner : MR. M A MONDAL, S I AKAND,MR M RANA Advocate for the Respondent : SC, REVENUE, SC, BTC
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 19.07.2025
Heard Shri M.A. Mondal, learned counsel for the petitioner. Also heard Shri A. Bhattacharya, learned Standing Counsel, Revenue Department as well as Shri R.K. Mushahary, learned Standing Counsel, BTC. Page No.# 4/5 Considering the subject matter and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the motion stage. This Court is also of the opinion that by the order which has been proposed to be passed notice upon the private respondents are not required to be issued. The grievance of the petitioner as projected in the writ petition pertains to inaction for correction of the land records.
it is contended that the father of the petitioner, Late Osman Ali was the owner of a plot of land measuring 4 katha covered by Dag No. 311/186 KP Patta No. 12 (Old) and 9 (New) in village and mouza - Fakiragram under the Revenue Circle of Dotoma in the District of Kokrajhar. It is averred that the petitioner is accompanying and enjoying the said plot of land. The petitioner had filed an application dated 19.07.2022 for correction of land records as certain error had surfaced in the mutation which however has not been acted. Shri Bhattacharya, the learned Standing Counsel, Revenue as well as Shri Mushahary, the learned Standing Counsel, BTC had however submitted that the subject matter involved would come within the ambit of the Assam Right to Public Service Act, 2012 and there is a specific notified service under Section 4 of the Act with regard to connection of land record. A perusal of the order dated 14.03.2022 which has been placed on record on the aforesaid subject, it appears that the Circle Officer has been made the designated public servant for the subject in question. In view of the above, this Court is of the considered opinion that the
Page No.# 5/5 remedy is clearly prescribed in the Assam Right to Public Service Act, 2012 and the petitioner is at liberty to invoke the said act for redressal of his grievance. Accordingly, the writ petition is dismissed, however with liberty as mentioned above. It is needless to state that in case the Court is taken under the aforesaid act, such application be decided strictly in accordance with law and by giving a proper hearing to all the stakeholders. JUDGE Comparing Assistant