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2025 DAILYLAW 7684 (GAU)

JYOTHSNA BEGUM v. THE STATE OF ASSAM AND 7 ORS.

WP(C)/972/2025 · 2025-10-12

Rajesh Mazumdar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010032872025 2025:GAU-AS:13642 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/972/2025 JYOTHSNA BEGUM DAUGHTER OF LT. MUJAMMIL ALI, WO- LATE KHALILUR RAHMAN, RESIDENT OF VILLAGE DIGHIRPAR (MISSION ROAD), P.O. BADARPUR, P.S- BADARPUR, DISTRICT- SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DISTRICT COMMISSIONER CUM DISTRICT COLLECTOR SRIBHUMI ASSAM. 3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE BRANCH) SRIBHUMI SRIBHUMI ASSAM. 4:THE CIRCLE OFFICER BADARPUR REVENUE CIRCLE DISTRICT- SRIBHUMI ASSAM. 5:THE ASSISTANT SETTLEMENT OFFICER BADARPUR DISTRICT- SRIBHUMI ASSAM. 6:THE CHIEF EXECUTIVE OFFICER Page No.# 2/4 ASSAM BOARD OF WAKF GUWAHATI-38 DISTRICT- KAMRUP(M) ASSAM. 7:WAKF SECRETARY DEORAIL M.E. MADRASSA DEORAIL BADARPUR P.O.- BADARPUR P.S.- BADARPUR DISTRICT- SRIBHUMI ASSAM. 8:DEORAIL HIGH SCHOOL SITUATED AT BADARPUR SRIBHUMI P.O.- BADARPUR P.S.- BADARPUR DISTRICT- SRIBHUMI ASSAM REPRESENTED BY ITS HEAD MASTER Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,MR. L MOHAN Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 13-10-2025 Heard Mr. L. Mohan, learned counsel for the petitioner. Also heard Mr. A. Bhattacharjee, learned counsel for the respondent no. 1 and Mr. S. S. Roy, learned counsel for the respondent nos. 2, 3, 4 and 5. Page No.# 3/4 2. By order dated 02.05.2025, this Court had recorded that all the respondents had been duly served with notices. With the consent of the learned counsel appearing for the petitioner and the respondent nos. 1, 2, 3, 4 and 5, the matter is taken up for consideration and disposal. 3. The case of the petitioner in brief is that although the petitioner and his predecessors were in peaceful possession of a plot of land measuring 3 (three) Poa 2 (two) Jostis of village Chapghat under Mouza-Chapra of district Karimganj, Assam, the petitioner in the year 2023 came to know that the aforesaid land had been recorded wrongly in the name of the Wakf Secretary, Deorail M.E. Madrassa, Badarpur without any notice or information to either the petitioner or his predecessors. 4. The petitioner asserts that the Wakf board has no interest in the aforesaid land and to that effect they have also issued a letter dated 12.11.2024 to the Additional District Commissioner, Karimganj. The petitioner’s grievance is that the representation submitted by him for correction of the land records has not been given due attention by the District authorities and he has made a 2-fold prayer; firstly, for a direction to the respondents to correct the land records and secondly, to direct the respondents to forthwith consider and dispose of the representation of the petitioner in accordance with law and by taking into account all relevant documents submitted by the petitioner. 5. Today when the matter has been taken up for disposal, the learned counsel for the petitioner on an query made by this Court had submitted that at present, the grievance of the petitioner would be satisfied if Page No.# 4/4 appropriate direction is issued to the respondent no. 2 to take into account the undated representation preferred by the petitioner, sometime in the year 2023, a reference of which is found in the letter bearing No. KRS.16/2023 also dated Nil issued by the Additional District Commissioner, Karimganj. 6. The learned counsel for the petitioner has also referred to the report of the communication dated 28.02.2024 of the Circle Officer, Badarpur to the Additional District Commissioner, Karimganj. 7. In view of the limited prayer made by the petitioner, this writ petition is disposed of by directing the respondent no. 2 to take into account the representation filed by the petitioner in the month of December, 2023 and on which some action has apparently already taken up in the year 2024. The respondent no. 2 shall dispose of the aforesaid representation within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. 8. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant