Page No.# 1/5 GAHC010003372022 2025:GAU-AS:603 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/173/2022 MD. AHMED ALI S/O LT. ARSAD ALI, R/O JENGONIKOTIA DUIALI MAZGAON, BONIABARI ROAD, P.O. AND P.S.-SIVASAGAR, DIST- SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DEPUTY COMMISSIONER SIVASAGAR DIST-SIVASAGAR ASSAM 3:THE ADDITIONAL DEPUTY COMMISSIONER SIVASAGAR DIST-SIVASAGAR ASSAM 4:THE CIRLCE OFFICER SIVASAGAR REVENUE CIRCLE SIVASAGAR DIST-SIVASAGAR ASSA Advocate for the Petitioner : MR. P J SAIKIA, MS D DUTTA Advocate for the Respondent : SC, REVENUE, GA, ASSAM Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 22.01.2025. Heard Mr. P.J. Saikia, learned counsel for the petitioner. Also heard Mr. S. Baruah, learned State Counsel appearing for respondent Nos.2, 3 & 4 and Mr. A. Bhattacharyya, learned counsel for the respondent No.1. By filing this writ petition, the petitioner has sought for a direction to the respondent authorities to issue patta in respect of a plot of land measuring 01 katha covered by General Sarkari Dag No.259 of village Dui-ali Mazgaon under Nagarmahal Mouza of Sivasagar Revenue Circle in Sivasagar District, Assam, on the basis of an approval dated 26.05.2010, by which the settlement of the said land has been approved in favour of the petitioner. The further prayer of the petitioner is for a direction to correct the description of the land for the purpose of issuing the patta to the petitioner. The petitioner who is a permanent resident of Jengonikoptia Duiali Mazgaon in the Sivasagar District, claims to be under the occupation and possession of a plot of land measuring 01 katha covered by General Sarkari Dag No.259 of village Dui-ali Mazgaon under Nagarmahal Mouza of Sivasagar Revenue Circle in Sivasagar District since 1981. Having been under occupation and possession of the said land, the petitioner submitted an application on 17.01.2011 for allotment. The Land Advisory Committee (in short ‘the LAC’) had approved the prayer of the petitioner for allotment on 26.05.2010 for Page No.# 3/5 consideration by the LAC. Thereafter, the petitioner was directed to deposit the premium, amounting to Rs.30,000/- (Rupees thirty thousands) only, on 18.11.2014. It is the contention of the learned counsel for the petitioner Mr. P.J. Saikia that after paying the land premium and in occupation of the land on being approved, it has came to the knowledge that the Dag Number has wrongly been recorded. Having come to the knowledge of such wrong mention of the Dag Number, the petitioner has filed an application on 07.06.2016, seeking correction of the same and to convert the said land into the patta land. However, the respondent authorities failed to consider the same as on date. Therefore, he prays that the respondent authorities may be directed to correct the Dag Number and to convert the land to patta land. Mr. S. Baruah, learned State Counsel, by referring to the affidavit filed on behalf of the respondent No.2, submits that the petitioner is not in physical possession over the land measuring 01 katha covered by General Sarkari Dag No.259 of village Dui-ali Mazgaon under Nagarmahal Mouza of Sivasagar Revenue Circle. But he is in occupation and possession of another plot of land of 01 katha 05 lochas (11 lochas covered by Govt. Dag No.139, 11 lochas covered by Govt. Dag No.138/382), which is earmarked for drainage of the road. He submits that the petitioner has wrongly applied for allotment against Govt. Dag No.259 of Dui Ali Maj Gaon, which should be 11 lochas of land covered by Dag No.139 of Sivasagar Town Part-I. The other Dag Numbers, which are earmarked for drainage cannot be allotted, which was wrongly placed before the Sub- Divisional Land Advisory Committee. He further submits that since the petitioner himself has applied for a wring Dag Number for allotment and admittedly, Page No.# 4/5 approval being an erroneous one, he has not right to claim for correction and for that matter to convert the land into patta. The petitioner at best can apply for fresh allotment to some other land. I have considered the submissions of learned counsel for the parties and perused the materials on record. Concededly, the land approved in favour of the petitioner vide order dated 26.05.2010, being General Sarkari Dag No.259 of village Dui-ali Mazgaon under Nagarmahal Mouza of Sivasagar Revenue Circle, is an erroneous/wrong one. It is the admitted position that on the direction of the respondent authorities, based on the approval dated 26.05.2010, covered by General Sarkari Dag No.259, the petitioner deposited the premium amount of Rs.30,000/- (Rupees thirty thousands) only, on 18.11.2014 through treasury challan, which has been fairly admitted by the parties. It is also conceded by the petitioner that the approval of the land covered by General Sarkari Dag No.259 is wrongly recorded. Therefore, the same needs to be corrected by converting the land into patta. On consideration of the materials, it is seen that the petitioner is not in possession of the land covered by General Sarkari Dag No.259, which admittedly has been wrongly approved in his favour. The land under the possession of the petitioner is 01 katha 05 lochas (11 lochas covered by Govt. Dag No.139, 11 lochas covered by Govt. Dag No.138/382), appears to be earmarked for drainage of road in the area. Thus, such being the factual position, it would not be appropriate to direct the respondent authorities to correct the Dag Number or to convert the land into patta. Page No.# 5/5 Having considered the aforesaid factual situation, on the basis of the materials and as fairly submitted by the learned counsel for the parties, I am of the view that no relief can be granted to the petitioner as prayed for in this writ petition. However, considering that the wrong approval in favour of the petitioner could not be fully attributed to the petitioner, I deem it appropriate to direct the respondent authorities to consider the case of the petitioner for allotment of land, in any other suitable area, in commensurate with the approval dated 26.05.2010, in accordance with the applicable law. The writ petition stands disposed of. No order as to cost(s). JUDGE Comparing Assistant