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2025 DAILYLAW 21151 (GAU)

RATNA DEB CHOUDHURY v. THE STATE OF ASSAM AND 3 ORS

WP(C)/6313/2024 · 2025-02-18

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010250732024 2025:GAU-AS:1834 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6313/2024 RATNA DEB CHOUDHURY W/O- LATE SAMAR KANTA DEB CHOUDHURY, R/O- FLAT NO. 205B, TRIBENI COMPLEX, ADABARI TINIALI, P.O.- PANDU, P.S.- JALUKBARI, GUWAHATI- 781012. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI- 781006, ASSAM. 2:THE DISTRICT COMMISSIONER KAMRUP(M) ASSAM. 3:THE ASSISTANT SETTLEMENT OFFICER DISPUR REVENUE CIRCLE KAMRUP(M) ASSAM. 4:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE KAMRUP(M) ASSAM Advocate for the Petitioner : MS S CHAKRABORTY, MRS. S ROY Advocate for the Respondent : SC, REVENUE, GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 19.02.2025 Heard Ms. S. Roy, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2, 3 & 4. 2. The petitioner has approached this Court by the instant writ petition stating that there was inaction on the part of the respondent authorities to consider her application for registration [mutation] in respect of a plot of land measuring 1 Katha, covered by Dag no. 2[old]/4[new] & Patta no. 13[old]/279[new], situate at Village - Jyotikuchi, Mouza – Beltola, Dispur Revenue Circle, District – Kamrup Metropolitan District [‘the subject-land’, for short]. The said application was registered and numbered as Mutation Case no. 211 of 2024. It is stated that as a substantial period had elapsed after registration of the mutation case, the petitioner being a senior citizen, was compelled to approach this Court seeking a direction to the respondent authorities to register/mutate the name of the petitioner in the revenue records in respect of the subject-land by passing appropriate order in Mutation Case no. 211 of 2024 which was, at that time, pending before the respondent no. 4. 3. When the writ petition was moved on 29.11.2024, the learned State Counsel was asked to obtain instructions as regards the status of the mutation case, that is, Mutation Case no. 211 of 2024, which was stated to be pending before the respondent no. 4 at that point of time. 4. Today, Mr. Sarma, learned Additional Senior Government Advocate has submitted, on the basis of the instructions received from the respondent no. 4 vide Communication bearing no. Dis-4/2018/Court/431 dated 18.02.2025, that the Mutation Case no. 211 of 2024 has since been disposed of by an Order dated 18.02.2025 by rejecting the prayer of the petitioner Page No.# 3/3 for registration [mutation] in respect of the subject-land. 5. Since the application of the petitioner for registration [mutation], registered as Mutation Case no. 211 of 2024, has already been disposed of by an Order dated 18.02.2025 and there is an efficacious and adequate statutory remedy of appeal under the provisions of the Assam Land and Revenue Regulation, 1886, the petitioner can avail the remedy of appeal, if the petitioner is aggrieved by the Order dated 18.02.2025 passed in Mutation Case no. 211 of 2024. In view of availability of an efficacious and adequate statutory remedy of appeal, this writ petition is not entertained and therefore, closed at this stage, reserving the liberty to the petitioner to prefer an appeal before the appropriate authority/forum, if so advised. 6. Since the petitioner is a senior citizen, a copy of the order dated 18.02.2025 passed by the respondent no. 4 in Mutation Case no. 211 of 2024 shall be furnished to the petitioner by the respondent no. 4 forthwith, when an approach is made by the petitioner or by her authorized representative. It is further observed, considering the senior citizen status of the petitioner, that if any appeal is filed by the petitioner against the Order dated 18.02.2025, the appellate authority shall consider and dispose of the appeal as expeditiously as possible, preferably within a period of 1 [one] month from the date of filing of the appeal. 7. A copy of the Communication bearing no. Dis-4/2018/Court/431 dated 18.02.2025, placed by Mr. Sarma, is kept with the case records by marking it as Document ‘X’. JUDGE Comparing Assistant