Page No.# 1/4 GAHC010276882024 2025:GAU-AS:2860 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/88/2025 ASHIMANANDA LASKAR S/O. LATE ABHAY CHARAN LASKAR @ ABHAY CHANDRA DAS, VILL.- RAKHALKHALERPAR PART-I, P.O.- ARUNACHAL, P.S.- SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788025. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE AND DISASTER MANAGEMENT, ASSAM, DISPUR, GUWAHATI-06. 2:THE DISTRICT COMMISSIONER CACHAR P.O. P.S. AND DIST. CACHAR ASSAM PIN- 788001. 3:THE ASSTT. SETTLEMENT OFFICER SILCHAR (SADAR) CIRCLE SILCHAR P.O. P.S. AND DIST.- CACHAR ASSAM PIN- 788001 Advocate for the Petitioner : MR. S B LASKAR, A. H. AHMED,MS D DUTTA,MR. H A LASKAR,MR. A S TAPADER Advocate for the Respondent : SC, REVENUE, GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 17.03.2025 Heard Mr. S.B. Laskar, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. H. Sharma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2 & 3. 2. In the writ petition, it has been stated that the petitioner has inherited a parcel of land measuring 18 Bighas 4 Kathas 6 Gontas, covered by Dag no. 34, 35, 91, 98, 411, 50/1035 of 2nd R.S. Patta No. 21 and Dag no. 90 of 2nd R.S. Patta no. 8 of Mouza – Rakhal khalerpar Part-I, Porgona - Rajnagar, District - Cachar, Assam. In course of time, the petitioner came to learn that in respect of the afore-mentioned parcel of land, names of certain other persons, namely, [i] Kiran Das, [ii] Satish Chandra Das, [iii] Benu Das, [iv] Taru Das & [v] Tanu Das, all sons of Late Pulin Das; and [vi] Rangabala Das, wife of Late Pulin Das; have been mutated. Seeking cancellation of the names of the afore-stated six persons, the petitioner submitted an application before the respondent no. 3 in the year 2022. The respondent no. 3, after taking cognizance of the said application, had issued notices to five of the afore-stated persons by an Order dated 10.05.2022. It is projected that as after 10.05.2022, the proceedings initiated by the respondent no. 3 for cancellation of the names of the afore-stated persons have not progressed in any meaningful manner, the petitioner has to approach this Court by the instant writ petition. 3. Mr. H. Sharma, learned Additional Senior Government Advocate, Assam was requested, on 20.01.2025, to obtain instructions as to whether the proceedings undertaken by the respondent no. 3 on the basis of the application submitted by the petitioner for cancellation of mutation has reached any finality or not, in the meanwhile. 4. Today, Mr. Sharma has submitted that he has received the instructions / para-wise comments vide an Office Letter bearing no. CRK.2/2025/35 dated 01.03.2025 from the office Page No.# 3/4 of the District Commissioner, Cachar at Silchar. By referring to para-wise comments, specifically to Para no. 3, Para no. 5 and Para no. 6 and also a report of the Assistant Settlement Officer submitted before the District Commissioner Cachar at Silchar vide Report no. SCSM.28/2020/519, Mr. Sharma has submitted that in the records, the names of Rangabala Das and her legal heirs have since been struck-off. 5. For ready reference, the contents of Para – 3, Para – 5 and Para – 6 of the Communication dated 01.03.2025 [supra] are reproduced hereinbelow :- Para-3: It is not a fact. As per the report submitted by the Assistant Settlement Officer, Silchar [Sadar] Revenue Circle it appears that in 3rd R.S. Chitha, the entry as regards mutation of Kiran Das & 04[four] others have been made, but the same has not been passed/approved by the concerned ASO. [Copy of report enclosed at Annexure-A] * * * * * * * * * Para-5: It appears from the report, submitted by the Assistant Settlement Officer, Sadar Revenue Circle that the land in question falls under Pargona - Rajnagar, Mouza – Rakhal Khalerpar Pt-1, 2nd R.S. Patta No. 21, 2nd R.S. Dag No. 34, 35, 91, 411, 98, 50 / 1035 and name of Sri Abhay Charan Das was recorded in the aforementioned Dag & Patta No.. But in 3rd R.S. Draft Chitha, name of one Mira Das & 04 [four] others is mutated by virtue of inheritance in the afore-mentioned land schedule by the ASO concerned on 7/8/2018. Further, it is reported by the ASO, Sadar that the name of Ranga Bala Das, D/o Lt. Pulin Das [in place of Kulo Das] and Kiran Das, D/o Lt. Pulin Das & 04 [four] others were recorded in place of Ranga Bala Das by virtue of inheritance in 3rd R.S. draft Chitha, but same were not approved by the then ASO. Subsequently, on 02/07/2022 the name of Ranga Bala Das & her legal heirs were strike off in 3rd R.S. records. [copy of detailed report submitted by Asstt. Settlement Officer, Sadar Rev. Circle is enclosed as Annexure-B]. Regarding another land schedule pertaining to 2nd RS Patta No. 8, Dag No. 90, Mouza - Rakhal Khalerpar Pt-I, Pargona-Rajnagar, it is reported by the ASO, Sadar that the said land Page No.# 4/4 is recorded in favour of Abhay Das, S/o Kulo Das in 2nd R.S. record as Pattadar and the said land has been mutated/recorded in favour of above mentioned pattadar in 3rd R.S. Draft Chitha accordingly. Para-6: It appears from the record that hearing of the petitioner was taken by the Asstt. Settlement Officer, Silchar [Sadar] and the petitioner himself has attended the hearing before ASO concerned. 6. As the names of Rangabala Das and her legal heirs have been struck-off from the records of 3rd R.S. Patta, the grievance made by the petitioner for cancellation of the 2nd R.S. Patta names seems to have been effectively redressed. 7. As the grievance raised by the petitioner seems to be effectively redressed, there appears to be no surviving cause of action to continue with the writ petition. Accordingly, the writ petition is closed, as sought by the learned counsel for the petitioner. Liberty, however, stands reserved to the petitioner to seek appropriate remedy in the event it is found by him that his grievance is not fully redressed. 8. The copy of the Office Letter bearing no. CRK.2/2025/35 dated 01.03.2025 and the annexures appended thereto are to be kept with the case records by marking it as Document – ‘X’. JUDGE Comparing Assistant