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2025 DAILYLAW 9147 (GAU)

ABDUL BATEN v. THE STATE OF ASSAM AND 4 ORS.

WP(C)/1534/2024 · 2025-07-31

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010053562024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1534/2024 ABDUL BATEN SON OF LT. KASHEM ALI, RESIDENT OF VILLAGE SUAPATA PT-V, P.S. BILASIPARA, DIST.- DHUBRI, ASSAM, PH NO. 9859043615 VERSUS THE STATE OF ASSAM AND 4 ORS. REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM 2:THE DIRECTOR OF ASSAM REVENUE DEPT. ASSAM 3:DEPUTY COMMISSIONER DHUBRI P.O. AND DISTRICT- DHUBRI PIN- 783301 4:CIRCLE OFFICER CUM ASSTT. SETTLEMENT OFFICER BILASIPARA REVENUE CIRCLE AT BILASIPARA P.O. BILASIPAR DIST.- DHUBRI ASSAM PIN- 783348 5:THE ADDITIONAL DEPUTY COMMISSIONER (REV) DHUBRI ASSAM PIN- 78330 Advocate for the Petitioner : MR. A ALI, MR S ISLAM,MR. Y ALI Page No.# 2/3 Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 01.08.2025 Heard Shri A. Ali, learned counsel for the petitioner. Also heard Shri S.S. Roy, learned State Counsel as well as Ms. G. Hazarika, the learned Standing Counsel, Revenue Department. Considering the facts and circumstances and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the admission stage. The grievance of the petitioner is qua the inaction of the respondent authorities, more particularly, respondent nos. 3 and 5 with regard to the proposal for correction of the land record pertaining to the petitioner. It is averred that the predecessors-in-interest of the petitioner had owned and possessed a plot of land measuring 3 bigha 2 katha 19 lecha covered by Dag No. 618 (old) 2265, 2356 and 2357 (new) under Patta No. 653 situated at revenue village Suapata Part-V, Mouza & Circle: Bilashipara, Dist: Dhubri which the petitioner is in peaceful possession. It is also contended that the revenue is being paid from time to time. The petitioner had accordingly submitted an application on 10.07.2023 for correction of the land records pursuant to which, a report was also prepared. However, for reasons not disclosed, the corrections were not done. Shri Ali, the learned counsel has submitted that in the course of the Page No.# 3/3 proceedings it was divulged that certain documents including the NOK/ Death Certificate were not submitted by the petitioner which is reflected in the order of this Court dated 02.09.2024. He has however submitted that subsequent thereto all the documents have been submitted to the appropriate authority and the said fact has also been brought into records by way of an additional affidavit filed on 18.06.2025. Both, Shri S.S. Roy, learned State Counsel and Ms. G. Hazarika, the learned Standing Counsel, Revenue Department have submitted that in view of the aforesaid development, the writ petition may be closed by directing the respondent authority to do the needful in accordance with law. The submissions made by the learned counsel including the counsel for the respondents have been duly considered and prima facie appears to be acceptable. Considering the facts and circumstances and also on perusal of the additional affidavit filed by the petitioner on 18.06.2025, the instant writ petition is disposed of by directing the respondents, more particularly, respondent nos. 3 and 5 to consider and dispose of the application for correction of land records submitted by the petitioner. Let the aforesaid exercise be completed expeditiously and preferably within an outer limit of 2 (two) months from the date of submission of the certified copy of this order. JUDGE Comparing Assistant