Page No.# 1/5 GAHC010152512024 2026:GAU-AS:5022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3861/2024 MAMONI @ MAMANI BAYAN AND 3 ORS WIFE OF LATE TIKEN CHANDRA BAYAN, RESIDENT OF HOUSE NO. 130 NEAR KALI MANDIR, POWER HOUSE, KAHILIPARA, POLICE STATION- DISPUR, GUWAHATI- 781019 2: RASHMI REKHA BAYAN DAUGHTER OF LATE TIKEN CHANDRA BAYAN RESIDENT OF HOUSE NO. 130 NEAR KALI MANDIR POWER HOUSE KAHILIPARA POLICE STATION- DISPUR GUWAHATI- 781019 3: JUTHI REKHA BAYAN DAUGHTER OF LATE TIKEN CHANDRA BAYAN RESIDENT OF HOUSE NO. 130 NEAR KALI MANDIR POWER HOUSE KAHILIPARA POLICE STATION- DISPUR GUWAHATI- 781019 4: DHRMISTHA BAYAN DAUGHTER OF LATE TIKEN CHANDRA BAYAN RESIDENT OF HOUSE NO. 130 NEAR KALI MANDIR POWER HOUSE KAHILIPARA POLICE STATION- DISPUR GUWAHATI- 78101 VERSUS STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, Page No.# 2/5 DISPUR- 781006, GUWAHATI, ASSAM 2:DISTRICT COMMISSIONER KAMRUP METROPOLITAN DISTRICT GUWAHATI ASSAM 3:CIRCLE OFFICER DISPUR REVENUE CIRCLE KAMRUP METROPOLITAN DISTRICT GUWAHATI ASSAM 4:OFFICER IN CHARGE DISPUR POLICE STATION GUWAHATI KAMRUP METROPOLITAN DISTRICT ASSAM 5:IPSHITA BHARALI DAUGHTER OF SHRI BIPUL BHARALI RESIDENT OF SILPUKHURI GUWAHATI- 781003 DISTRICT- KAMRUP METROPOLITAN ASSA Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MS TINLUNG,MR. R K TALUKDAR,MR. DITUL DAS Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 06.04.2026 Heard Mr. R. K. Talukdar, learned counsel for the petitioners. Also heard Ms. P. R. Mahanta, learned counsel for the respondent No. 1 and Mr. H. Sarma, learned Additional Senior Government Advocate for the respondent Nos. 2, 3 Page No.# 3/5 & 4. 2. The case of the Petitioners herein, is that the Petitioner's predecessor-in- interest, namely Tiken Chandra Bayan, was recorded as Pattadar in respect to a plot of land measuring 1 Bigha, 10 Lechas, covered by Dag Number 2810 of K.P. Patta Number 1316 of Village: Odalbakra, Mouza : Beltola, in the District of Kamrup (M), Assam. It is seen that the Petitioner Nos. 1, 2 and 4 had filed a suit against one Makhoni Bala Dey, which was registered and numbered as Title Suit No. 421/2018. The said suit was decreed ex parte by the Judgment and Decree dated 05.05.2022, declaring that the Plaintiffs and the Proforma Defendant had the right to use and occupy the said suit land, confirming their possession over the suit land, and granting a permanent injunction restraining the defendant therein from interfering with the peaceful possession of the Plaintiffs and the Proforma Defendant. 3. Thereafter, on 18.05.2024, a notice was issued to the pattadars of Dag Nos. 2810 and 2814 under K.P. Patta No. 1316, directing them to appear before the Circle Officer, Dispur Revenue Circle, in view of the fact that the sale of the land covered by the aforesaid dags under K.P. Patta No. 1316 of Village Odalbakra, Mouza Beltola, in the district of Kamrup (M), Assam, had been withheld on account of certain objections. Accordingly, the said pattadars were directed to appear before the Circle Officer, Dispur Revenue Circle. 4. Accordingly, the Petitioners submitted an objection. Subsequently, on 08/07/2024, another notice was issued to the Pattadars of the aforesaid two Dag Numbers under K.P. Patta No. 1316, in respect to a Misc Case No. 480/2023, in connection with physical measurement of the land covered by the a foresaid two dag nos. under the K.P. Patta Number 1316 of village Odalbakra, Mouza : Page No.# 4/5 Beltola, in the district of Kamrup (M), Assam, whereby, it was informed to the Pattadars to be present on 03/08/2024 at 11 a.m., for carrying out a physical measurement. The said notice dated 08/07/2024 has been put to challenge in the instant case before this court. 5. It is seen that by order dated 01/08/2024, a Co-ordinate Bench of this court has observed and directed that the respondents may go ahead with the physical measurement in terms of the notice dated 08/7/2024. 6. The learned counsel appearing for the petitioner submits that in terms of the aforesaid order dated 01/08/2024, the physical measurement and demarcation has already been completed on the aforesaid two dag nos. under K.P. Patta No. 1316 of village Odalbakra, Mouza : Beltola, Guwahati. He submits that though demarcation has been done, the mutation of the petitioner's land has not been carried out by the respondent authorities till date. 7. Mr. H. Sharma, the learned Additional Senior Government Advocate, has submitted a communication bearing number DIS-4/2018/941, dated: 02/04/2026, issued to him by the Circle Officer Dispur Revenue Circle. The same is kept on record by Marking ‘X’. It is revealed from the aforesaid communication that the mutation of the petitioners were rejected by the Circle Officer due to a mistake that due to the pendency of the instant petition, the mutation cannot be done by the Circle Officer. However, the mistake has been realized by the Respondent Authorities and the Respondent Authorities are willing to consider the mutation sought for by the petitioners. 8. The Learning Additional Senior Government Advocate, further submits that since there is a technical issue involved in the instant case, the petitioners have to file a fresh application for mutation in the instant case as the digital portal for Page No.# 5/5 such applications of mutation do not accept an application which has already been rejected by the Authorities. Therefore, he submits that on submission of a fresh mutation application by the petitioners, the Respondent Authorities will consider the same. The learned counsel appearing for the petitioners do not have any objection to the aforesaid, submission. 9. In view of the aforesaid, this Court is of the considered opinion that there is no point in keeping the instant writ petition pending. Accordingly, the same is disposed of with a direction to the Petitioners to submit a fresh application for mutation of their land at the earliest. Thereafter, on such submission, the respondent authorities shall consider the case of the Petitioners in terms of the Office Memorandum dated 12th of April, 2013, regarding general guidelines regarding the standard procedure to be followed for providing office mutation by Revenue Circle Officers. 10. In terms of the aforesaid, the instant writ petition is disposed of. JUDGE Comparing Assistant