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2025 DAILYLAW 25239 (GAU)

SRI ALTAF HUSSAIN CHOUDHURY v. THE STATE OF ASSAM AND ORS

WP(C)/6395/2025 · 2025-11-11

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No. 1/3 GAHC010239782025 2025:GAU-AS:15293 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6395/2025 SRI ALTAF HUSSAIN CHOUDHURY S/O- LATE ABDUS SATTAR CHOUDHURY, R/O- VILLAGE AND P.O- RANGAUTI PART II, DIST- HAILAKANDI, ASSAM, PIN-788151, ASSAM VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER SECRETARY TO THE GOVT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT GOVT OF ASSAM, DISPUR, ASSAM GUWAHATI-781006 2:THE DISTRICT COMMISSIONER HAILAKANDI ASSAM PIN-788151 3:THE CIRCLE OFFICER HAILAKANDI REVENUE CIRCLE DIST-HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. T A CHOUDHURY, MR. A Y CHOUDHURY Advocate for the Respondent : SC, REVENUE, GA, ASSAM Page No. 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 12.11.2025 Heard Mr. A.Y. Choudhury, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3. 2. According to the petitioner, his father, Late Abdus Sattar Chowdhury purchased a parcel of land measuring 14 Khatas 3 Chataks 10 Gondas from one Late Shafiqur Rahman Chowdhury and another parcel of land measuring 5 Khatas from one Late Farash Uddin Chowdhury through different sale deeds at different times. The parcels of land so purchased by the petitioner’s father prior to his death on 31.12.1993, situate at Village – Rangauti Part- II, P.O. Rangauti Part-II, District – Hailakandi. The petitioner has stated that apart from those parcels of land, the petitioner himself had purchased another parcel of land measuring 22 Khatas 11 Chataks 10 Gondas from co-sharers including his mother, etc. in the year 1996. The petitioner has further stated that his father could not mutate the parcels of land he had purchased prior to his death. The petitioner approached the respondent authorities for mutation of the afore-stated parcels of land by way of an Application dated 17.10.2025. The petitioner has submitted that the application has to be submitted online because of their refusal to receive an application physically. The petitioner has further contended that for mutation of land, the respondent authorities had insisted for Aadhar Card and Pan Card of his late father whereas at the time of his father’s death on 31.12.1993 there was no provision for issuance of any Aadhar Card. 3. When the contents of the application, stated to have been filed by the petitioner online on 17.10.2025, are perused, it is found that the application is bereft of the description of the parcels of land which the petitioner’s father had purchased prior to his death as well as the description of the lands which the petitioner had himself purchased. In the absence of such description, the application appears to be bereft of the necessary details. Page No. 3/3 4. Mr. Das, learned Junior Government Advocate, Assam appearing for the respondent nos. 2 & 3 has submitted that without the necessary details, it is not possible to entertain the application. He has, however, submitted that in the event the petitioner submits an application with proper description of the parcels of land for mutation, the application would be given due consideration. 5. In view of the above, Mr. Choudhury, learned counsel for the petitioner has submitted that the petitioner will approach the respondent authorities, more particularly, the respondent nos. 2 & 3 with a fresh application enclosing the necessary documents regarding the parcels of land in respect of which the petitioner is seeking mutation within a period of 15 [fifteen] days from today. 6. In view of such submission, it is observed that in the event the petitioner submits a fresh application along with necessary details and documents regarding his claim for mutation of the parcels of land within a period of 15 [fifteen] day, the respondent authorities, more particularly, the respondent nos. 2 & 3 shall give due consideration to such application as expeditiously as possible, preferably within a period of one month from the date of receipt of such application. The respondent authorities shall inform the decision to the petitioner thereafter forthwith. 7. This order disposes of the writ petition. No cost. JUDGE Comparing Assistant