Page No.# 1/4 GAHC010177282024 2025:GAU-AS:2733 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4416/2024 SANTA CHETRI W/O- LATE PADAM CHETRI, R/O- PANIKHAITI RAIL GATE, GANDHI NAGAR, P.O- PANI KHAITI, P.S- PRAGJYOTISHPUR, DIST- KAMRUP (M), ASSAM, PIN- 781150 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI-36 ASSAM 3:THE CIRCLE OFFICER CHANDRAPUR REVENUE CIRCLE CHANDRAPUR P.O- PANIKHAITI JATIMARA GUWAHATI-50 DISTRICT- KAMRUP(M) ASSAM. 4:THE SETTLEMENT OFFICER CHANDRAPUR JATIMARA GUWAHATI-50 Page No.# 2/4 DISTRICT- KAMRUP(M) ASSAM. 5:TAPAN SAHA S/O- LATE TARANI KUMAR SAHA VILLAGE- BAPUJI SCHOOL ROAD NORTH BANDHAR GHAR ARUNDHATI NAGAR WEST TRIPURA WARD NO-39 TRIPURA PIN-79900 Advocate for the Petitioner : MR H BARUAH, MR P P PHUKAN Advocate for the Respondent : SC, REVENUE, MR. A TALUKDAR (R-5),MR S AFRIDI(R-5),MR D GOSWAMI(R-5),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 17.03.2025 Heard Mr. H Baruah, learned counsel for the petitioner. Also heard Ms. G Hazarika, learned standing counsel, Revenue Department appearing for respondent No.1, Ms. S Sharma, learned counsel for respondent Nos.2 to 4 and Mr. S Afridi, learned counsel for respondent No.5. By way of the present writ petition, an undated notice issued by the Assistant Settlement Officer, Chandrapur in Misc Case No.01/24-25 arising out of an application dated 05.07.2024 was assailed. In the aforesaid application, the grievance raised by Page No.# 3/4 the applicant/respondent No.5 is to the effect that the petitioner promised to sell a plot of land belonging to the petitioner and accordingly an amount of Rs.79,00,000.00 was paid as an advance money and the sale consideration of the land and house was fixed at Rs.1,02,00,000.00. It was the grievance that even after taking the advance money and the promise that the possession will be handed over, such possession is not handed over by the petitioner to the respondent No.5. Accordingly, the complaint was filed and the misc case was registered. Prima facie the dispute relates to non performance of an agreement for sale between the parties and apparently it the case of the respondent No.5 that the value of the property was fixed and advance was also paid, however, no possession has been granted as promised. In the considered opinion of this court, the settlement officer shall have no jurisdiction to entertain such an application, inasmuch as the dispute is civil in nature. Be that as it may, an affidavit has been filed by the Circle Officer admitting such position. Accordingly the present writ petition stands allowed by setting aside the impugned notice as well as the proceeding in Misc Case No.01/24-25. While parting with this record, it is made clear to say that the respondent No.5 shall be at liberty to approach appropriate forum including competent civil court for redressal of Page No.# 4/4 his grievances. Any observation made in this writ petition or the decision to set aside the proceeding of the misc case shall not be construed as a comment on the merit of the claim of the either of the parties. With the aforesaid, the writ petition stands closed. JUDGE Comparing Assistant