Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010261862025
2025:GAU-AS:16812
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6900/2025 SADHU RAM BARMAN S/O- LT. DUDURAM BARMAN, R/O- VILL- HAKAMA PT-I, P.O.- BANGALIPARA, DISTRICT- DHUBRI, ASSAM, PIN- 783348 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DISTRICT COMMISSIONER DHUBRI P.O. DHUBRI HEAD OFFICE PIN- 783301 3:THE CIRCLE OFFICER CHAPOR REVENUE CIRCLE P.O.- CHAPOR PIN- 78337 Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS F INTAZ Advocate for the Respondent : GA, ASSAM, SC, REVENUE
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 05.12.2025 Heard Mr. M.A. Sheikh, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. S.S. Roy, learned counsel for the respondent nos. 2 & 3. 2. The petitioner has projected that his predecessors-in-interest was holder of final Khatian nos. 128 and 31 for 2 Bighas of land in total situate at Village – Jamduar Part 1, Parganas-Khutaghat, Bilasipara Revenue Circle, District – Goalpara. The petitioner has come to learn that in October, 2025, both the parcels of land were made Government Khas land in the revenue records. The petitioner has stated that he submitted Representations both before the respondent no. 1 and the respondent no. 2 on 30.10.2025. As the said respondent authorities have not given any consideration to the Representations, the petitioner is before this Court by the present writ petition. 3. Mr. Seikh, learned counsel for the petitioner has submitted that the petitioner is still in possession of the 2 Bighas of land under Khatian nos. 128 and 31, as mentioned in Schedule – A and Schedule – B to this writ petition. He has contended that despite holders of Khatian, the respondent authorities had illegally converted the 2 Bighas of land under the Khatians into Government Khas land in the revenue records. 4. Mr. Roy, learned Junior Government Advocate, Assam appearing for the respondent no. 2 has submitted that if the petitioner has already submitted a Representation before the respondent no. 2 on 30.10.2025 and the said Representation has not yet been disposed of, this writ petition can be disposed of with a direction to the respondent no.
2 to consider and dispose of the said Representation by way of a speaking order after having an examination of the relevant records. 5. Mr. Seikh, learned counsel for the petitioner has agreed to the said submission of Mr. Roy. Page No.# 3/3
6. In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner, this Court is of the view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the respondent no. 2 to take the Representation dated 30.10.2025, stated to have been submitted by the petitioner before him, on board and thereafter upon consideration, to dispose of the same by a speaking order. In addition, to facilitate the respondent no. 2 to dispose of the Representation, the petitioner is permitted to submit a fresh Representation in detail before the respondent no. 2 within a period of 2 [two] weeks from today. On receipt of such Representation along with a certified copy of this Order, and a copy of the writ petition with annexures, the respondent no. 2 shall proceed to consider and dispose of the representation on its own merits and after examination of the relevant revenue records as expeditiously as possible, but within an outer limit of 2 [two] months from the date of such submission by the petitioner. The respondent no. 2 after passing a speaking order, shall also communicate a copy of the speaking order to the petitioner forthwith thereafter. 7. It is further observed that since the petitioner is claiming to be in occupation of the Schedule – A and Schedule – B land, his possession as on date shall not be disturbed till the disposal of the Representation by a speaking order. 8. This order disposes of the writ petition. No Cost. JUDGE Comparing Assistant