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2025 DAILYLAW 16601 (GAU)

PRADIP KUMAR DUTTA v. THE STATE OF ASSAM

I.A.(Civil)/2392/2025 · 2025-08-17

Manish Choudhury

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Judgment text

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Page No.# 1/4 GAHC010164212025 2025:GAU-AS:11111 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2392/2025 PRADIP KUMAR DUTTA D/O- LATE DEBANANDA DUTTA, R/O- JONAKI NAGAR, DHULIPAR, P.O- DHULIPAR, P.S AND DIST- SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR LAND RECORDS AND SURVEYS ASSAM RUPNAGAR GUWAHATI-32 3:THE DISTRICT COMMISSIONER SIVASAGAR DISTRICT- SIVASAGAR PIN- 785640 4:THE SUB DIVISIONAL OFFICER (CIVIL) SIVASAGAR DISTRICT- SIVASAGAR PIN- 785640 5:THE CIRCLE OFFICER AMGURI REVENUE CIRCLE SIVASAGAR PIN- 785640 Page No.# 2/4 Advocate for the Petitioner : MR. P K GOGOI, MR J P KACHARI Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 18.08.2025 Heard Mr. P.K. Gogoi, learned counsel for the petitioner and Mr. J. Handique, learned State Counsel for the opposite parties-respondents. 2. The instant application is preferred seeking correction in a Judgment and Order dated 05.04.2025 passed in the writ petition, W.P.[C] no. 1466/2025. 3. In the writ petition, W.P.[C] no. 1466/2025, the applicant as the petitioner had projected that he preferred an application for a notified public service, ‘Conversion of Land from Annual Patta [A.P.] to Periodic Patta [P.P.]’ in respect of a plot of land described therein. The applicant has stated that an error had crept in in Paragraph-2 of the Judgment and Order dated 05.04.2025 in that the applicant in the writ petition had mentioned that the plot of land was located at Village – Borpatra Dole Kalu Gaon instead of Village – Joysagar Gaon. 3.1. The relevant parts of Paragraph-2 of the Judgment and Order dated 05.04.2025 reads as under :- 2. In this writ petition instituted under Article 226 of the Constitution of India, the petitioner has projected that the petitioner has come into possession of a plot of land measuring 1 Bigha 2 Kathas 10 Lessas, covered by Dag no. 325 & Annual [Eksonia] Patta no. 76, situate at Village - Borpatra Dole Kalu Gaon, Mouza – Hologuri, District - Sivasagar ['the subject-plot no. 1', for short], after executing a notarized Agreement dated 10.03.2023 with the erstwhile possessor of the subject-plot no. 1. The Page No.# 3/4 petitioner has stated that he came into possession of another plot of land measuring 2 Bighas 2 Kathas 10 Lessas, covered by Dag no. 325 & Annual [Eksonia] Patta no. 76, situate at the same village ['the subject-plot no. 2', for short] after execution of a notarized Agreement dated 10.03.2023 with the previous possessor of the subject- plot no. 2. The petitioner has stated that both subject-plots are adjacent to each other and are under the same Dag no. 325 & Annual [Eksonia] Patta no. 76. After coming into possession of the said two subject-plots measuring 4 Bighas in total, the petitioner continued to be in occupation of the two subject-plots. 4. The applicant has stated that the mistake is clearly attributable to him and the other party in the Notarized Agreement dated 10.03.2023. The applicant and the other party in the Notarized Agreement dated 10.03.2023 have executed a subsequent Notarized Agreement on 18.07.2025 rectifying the name of the Village as Joysagar Gaon. 5. The learned counsel for the applicant has further submitted that the applicant will suffer immense prejudice if the application is not allowed. 6. Mr. Handique, learned State Counsel has fairly submitted that the opposite parties have no objection if the prayer regarding correction in the name of the village is allowed. 7. Having heard the learned counsel for the parties and considering the nature of correction sought, it is observed that the relevant parts of Paragraph-2 of the Judgment and Order dated 05.04.2025 ought to have been read as ‘Village - Joysagar Gaon’. As a result of allowing the prater for correction, Paragraph-2 of the Judgment and Order dated 05.04.2025 would now be read as under :- 2. In this writ petition instituted under Article 226 of the Constitution of India, the petitioner has projected that the petitioner has come into possession of a plot of land measuring 1 Bigha 2 Kathas 10 Lessas, covered by Dag no. 325 & Annual [Eksonia] Patta no. 76, situate at Village – Joysagar Gaon, Mouza – Hologuri, District - Sivasagar ['the subject-plot no. 1', for short], after executing a notarized Agreement Page No.# 4/4 dated 10.03.2023 with the erstwhile possessor of the subject-plot no. 1. The petitioner has stated that he came into possession of another plot of land measuring 2 Bighas 2 Kathas 10 Lessas, covered by Dag no. 325 & Annual [Eksonia] Patta no. 76, situate at the same village ['the subject-plot no. 2', for short] after execution of a notarized Agreement dated 10.03.2023 with the previous possessor of the subject- plot no. 2. The petitioner has stated that both subject-plots are adjacent to each other and are under the same Dag no. 325 & Annual [Eksonia] Patta no. 76. After coming into possession of the said two subject-plots measuring 4 Bighas in total, the petitioner continued to be in occupation of the two subject-plots. 8. This order is to be treated as part and parcel of the Judgment and Order dated 05.04.2025 passed in W.P.[C] no. 1466/2025. 9. The interlocutory application is accordingly disposed of. JUDGE Comparing Assistant