Page No.# 1/5 GAHC010195932024 2025:GAU-AS:2434 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4934/2024 SWARUP KHERSA SON OF LATE SURESH KHERSA, RESIDENT OF NEAR GOVT. BOYS HIGH SCHOOL, GADAIN RAZEE, HAFLONG, P.S.- HAFLONG, DISTRICT- DIMA HASAO, HAFLONG, PIN NO. 788819. VERSUS THE DIMA HASAO AUTONOMOUS COUNCIL AND 4 ORS REPRESENTED BY PRINCIPAL SECRETARY, HAFLONG, DISTRICT- DIMA HASAO, HAFLONG, PIN NO. 788819. 2:THE ADDITIONAL SECRETARY AND REVENUE OFFICER DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DISTRICT- DIMA HASAO HAFLONG PIN NO. 788819. 3:THE LAND REVENUE AND SETTLEMENT OFFICER NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DISTRICT- DIMA HASAO HAFLONG PIN NO. 788819. 4:LOT PATWARI I/C HAFLONG Page No.# 2/5 N.C. HILLS AUTONOMOUS COUNCIL DISTRICT- DIMA HASAO HAFLONG PIN NO. 788819. 5:BONANI KEMPRAI WIFE OF LATE POBITRO KEMPRAI RESIDENT OF VILLAGE- GADAIN RAZEE NEAR TOURIST LODGE HAFLONG DISTRICT- DIMA HASAO PIN NO. 788819 Advocate for the Petitioner : MR. B BARUAH, MR U RONGPI Advocate for the Respondent : SC, N C HILLS, MR. T NATH(R-5),MR. M SHARMAH(R-5),MR B HAZARIKA (R-5),MR V JAMMAR(R-5) BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 07-03-2025 1. Heard Mr. B. Baruah, learned counsel for the petitioner and Mr. R. M. Das, learned Standing counsel, NC Hills Autonomous Council for the respondent Nos. 1 to 4. Also heard Mr. B. Pathak, learned counsel for the respondent No. 5. 2. The petitioner herein has assailed an order dated 31.08.2024 whereby the transfer of land made in favour of the petitioner by order dated 03.11.2023 was treated as invalid until further order is received from the Competent Court. 3. The aforesaid order dated 31.08.2024 is quoted herein below:- Page No.# 3/5 “ Misc.Case No. 6 (H-A)2019-2020/ Dated Haflong, the........2024 ORDER As per order the Honourable Gauhati High Court under Case No. AW/105/2024 Dated 29th April’2024, the land measuring 2 (two) Katha and 5 (five) Chs. covered under Periodic Patta No. 517, Dag No. 118 at G. Haflong Town (old) sheet No. 2 which was transferred in favour of Shri Swarup Khersa, S/o Suresh Khersa of Haflong Town vide Misc Case No. 6 (H-A) 2019-20, Dtd.03-11-2023 may be treated as invalid until further order is received from the Competent Court. Addl.Secretary &Revenue Officer Dima Hasao Autonmous Council Haflong.” 4. The litigational history shows that the petitioner herein earlier preferred a writ petition registered as WP(C) No. 7716/2019 alleging illegal entry in the record of rights in favour of the respondent No. 5 herein in respect of a plot of land measuring 2 Kathas 5 Chataks under Patta No. 517 and Dag No. 118 GHT (Old) of Village-Haflong Town -1. 5. In the aforesaid writ petition, the periodic lease issued in favour of the respondent No. 5 herein by the Additional Secretary and Revenue Officer, NC Hills dated 01.07.2019 as well as the order dated 24.07.2019 whereby the petitioner’s periodic lease was cancelled by the respondent authorities, was set aside and quashed. 6. The relevant portion of the aforesaid order passed by the Co-ordinate Bench under its judgment and order (oral) dated 22.09.2023 is quoted herein below:- “ In that view of the matter, this Court therefore sets aside the periodic lease issued in the favour of the Respondent No. 6 in respect to the said land; the order dated 01.07.2019 issued by the Secretary and Revenue Officer, NC Hills Autonomous Council as well as the order dated 24.07.2019 whereby the Petitioner’s periodic lease was cancelled and re-transferred to the Respondent No. 6 without serving any notice whatsoever.” 7. Being aggrieved, the respondent No. 5 herein preferred a writ appeal registered as Page No.# 4/5 WA No. 105/2024. The Division Bench under its order dated 29.04.2024 declined to interfere with the judgment and order (oral) dated 22.09.2023 passed by the Co-ordinate Bench of this Court in WP(C) No. 7716/2019 8. However, the Division Bench observed that since the Civil Suit is pending before the Competent Court pertaining to the same plot of land by and between the contesting parties, there is no necessity to make any further observation except providing that the order of mutation dated 03.11.2023 granted in favour of the respondent No. 5 herein shall abide by the decree that may be passed by the Civil Court in Title Suit No. 02/2023. Thereafter, the impugned order dated 31.08.2024 was issued. 9. In view of the aforesaid, this Court is of the opinion that such impugned order dated 31.08.2024 is nothing but an overreaching of power of the revenue authority, more particularly, in the clear findings of the learned Co-ordinate Bench as well as the Division Bench and more particularly in a situation when the Division Bench had clarified that the order dated 03.11.2023 shall be subject to the determination that may be made in the Civil Suit. 10.Accordingly, the impugned order dated 31.08.2024 is set aside. However, a communication has been furnished that such order has already been withdrawn by the competent authority. 11.Be that as it may, this Court is of the opinion that the authorities had issued the impugned order in excess of its power and therefore, the same is not legally sustainable. 12.In view of the aforesaid, this writ petition stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant