Page No.# 1/4 GAHC010048792023 2025:GAU-AS:14942 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1977/2023 PANNA LAL DUTTA S/O- LATE NANI GOPAL DUTTA, MOUZADAR OF DHUBRI TOWN AND LATKA MOUZA AND R/O- WARD NO.II, DHUBRI TOWN, P.O., P.S. AND DIST.- DHUBRI, ASSAM- 783301 VERSUS THE STATE OF ASSAM AND 4 ORS THROUGH THE COMMISSIONER-SECRETARY, REVENUE AND DISASTER MANAGEMENT DEPTT., GOVT. OF ASSAM, DISPUR, GHY-6 2:THE COMMISSIONER LOWER ASSAM DIVISION PANBAZAR GHY-1 3:THE DEPUTY COMMISSIONER DHUBRI DIST.- DHUBRI ASSAM 4:THE TREASURY OFFICER DHUBRI DIST.- DHUBRI ASSAM 5:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM RUPNAGAR GHY-3 Advocate for the Petitioner : MR. B CHAKRAVARTY, MS. A LALA,MR K K MEDHI Advocate for the Respondent : SC, FINANCE, SC, REVENUE,GA, ASSAM Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 06-11-2025 1. Heard Mr. B. Chakravarty, learned counsel for the petitioner and Ms. G. Hazarika, learned Standing counsel, Revenue and Disaster Management Department for the respondent Nos. 1 & 5. Also heard Mr. B. J. Talukdar, learned State counsel for the respondent Nos. 2 & 3 and Mr. A. Chaliha, learned Standing counsel, Finance for the respondent No. 4. 2. The petitioner is the Mouzadar of Dhubri Town Mouza and Latka Mouza. The present writ petition is filed alleging non-payment of the revenue commission of Mouzadar to the petitioner for the periods of 2015-2016 to 2018-2019. 3. It is the case of the petitioner that he is entitled to get the revenue commission from the collected revenue in terms of Rule 140 of Chapter-VIII of the Assam Land and Revenue Regulations, 1886. 4. Earlier, all Assam Mouzadar Association approached this Court by filing Civil Rule being C.R. No. 2424/1996 seeking modification of the Notification dated 29.03.1996, which involved the issue of the payment of revenue commission to the Mouzadars. 5. After hearing the learned counsels for the parties, a Co-ordinate Bench vide judgment and order dated 12.02.2001 held that the Mouzadars shall be entitled to deduct the commission to which they are entitled after collection at the source and thereafter, they shall be entitled to deposit the balance as required within the stipulated period of time and that such benefit shall be available only to the Mouzadars, who is not a defaulter Page No.# 3/4 in payment of the amount already collected. 6. The petitioner claims that while such dictum dated 12.02.2001 was not followed, the petitioner approached this Court by way of filing WP(C) No. 4158/2019 and the Co- Ordinate Bench under its order dated 18.12.2020 directed the authorities to issue consequential orders. Accordingly, the Deputy (District) Commissioner, Dhubri issued the order dated 22.12.2021 and since the year 2021, the petitioner is receiving his revenue commission in terms of the mandates of C.R. No. 2424/1996 as well as WP(C) No. 4158/2019. 7. The grievance raised in this petition is now as regards the arrear of such commission as indicated hereinabove. 8. No affidavit has been filed by the respondent District Commissioner till date. However, Mr. Talukdar, learned State counsel submits that the District Commissioner, Dhubri shall consider the case of the petitioner, if a fresh representation is filed before him/her. 9. In view of the aforesaid consensus, the present writ petition is disposed of permitting the petitioner to file a fresh representation before the District Commissioner, Dhubri within a period of 15 (fifteen) days from the date of receipt of certified copy of this order and on such representation being filed, the District Commissioner, Dhubri shall consider the case of the petitioner taking note of the observations made in said C.R. No. 2424/1996 as well as WP(C) No. 4158/2019 and shall pass a speaking order within a period of 4 (four) weeks from the date of receipt of the representation as well as the certified copy of this order to be submitted by the petitioner. 10. In the event, if it is found that the petitioner is entitled to any such commission that is due to him, the same may be paid to him within a period of 6 (six) weeks thereafter. JUDGE Page No.# 4/4 Comparing Assistant