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2026 DAILYLAW 5496 (GAU)

NABIN CHETIA v. THE STATE OF ASSAM AND 4 ORS

WP(C)/1608/2026 · 2026-05-03

Manish Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010056232026 2026:GAU-AS:6038 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1608/2026 NABIN CHETIA S/O LATE BANSHIDHAR CHETIA, R/O VILL. DHEMECHI HALADIBARI, P.O. DHEMECHI, P.S. MORAN, DIST. DIBRUGARH, ASSAM, PIN 785675 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI, ASSAM, PIN 781006 2:THE DISTRICT COMMISSONER DIBRUGARH DIST. DIBRUGARH ASSAM PIN-786001 3:THE ADDITIONAL COMMISSIONER (REVENUE) DIBRUGARH DIST. DIBRUGARH ASSAM PIN-786001 4:THE CO-DISTRICT COMMISSIONER KHOWANG CO-DISTRICT DIST. DIBRUGARH ASSAM PIN-785676 5:THE CIRCLE OFFICER MPRAN REVENUE CIRCLE MORAN Page No.# 2/3 DIST. DIBRUGARH ASSAM PIN-78566 Advocate for the Petitioner : MRS. R MOMTAZ, MR ROBIUL HOQUE,ALHAJJ I UDDIN Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 04.05.2026 1. Heard Mr. A.I. Uddin, learned counsel for the petitioner; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, Assam for the respondent no. 1; and Ms. M. Barman, learned Additional Junior Government Advocate for the respondent nos. 2, 3, 4 & 5. 2. In deference to the Order dated 01.04.2026 passed by this Court, the petitioner has filed an additional affidavit wherein he has annexed copies of few revenue receipts evidencing deposit of land revenue during the period from 2017-2026 by the petitioner for the parcel of land under reference. 3. It is the case of the petitioner that he is in possession of a plot of land measuring 1 [one] bigha, covered by Dag no. 27 & Patta no. 78, situate at No. 1 Sholguri Kisam, Mouza - Chepon, Moran Revenue Circle, District - Dibrugarh, Assam [‘the subject-plot’, for short]. It is the further case of the petitioner that he is in possession of the subject-plot since 1970. 4. Having gone through the materials brought on record by the petitioner, this Court is of the view that there is no need for issuance of a notice for the direction sought for in this writ petition i.e. a direction to the respondents to correct the land records in respect of the subject-plots. Page No.# 3/3 5. Mr. Uddin, learned counsel for the petitioner has submitted that the petitioner is seeking mutation [registration] of his name in respect the subject-plot in view of his long occupation and for depositing the revenue assessed by the Revenue Authorities for the subject-plot, which would not amount to right, title and interest on the subject-plot. 6. Ms. Bordoloi and Ms. Barman have submitted that a mutation [registration] is a notified service under the Assam Right to Public Services Act, 2012, as amended, and it is open for the petitioner to make an application in the prescribed format with the deposit of the requisite fees to avail the notified public service, mutation. 7. In response, Mr. Uddin has submitted that the petitioner is ready and willing to submit an application for mutation of his name in respect of the subject-plot under the Assam Right to Public Services Act, 2012, as amended, as according to petitioner, he has satisfied all the required norms for seeking mutation of the subject-plot in his name. 8. In view of the above submissions made by the learned counsel for the parties and having regard to the prayer made in this writ petition, which is found not entertainable, this writ petition is not entertained, reserving the liberty to the petitioner to file appropriate application for mutation under the provisions of the Assam Right to Public Services Act, 2012, as amended, and if such an application is filed, the competent authority is to consider and decide such application on its own merits and thereafter, pass an appropriate order as per law, in terms of the provisions of the Assam Right to Public Services Act, 2012, as amended, and the Assam Land and Revenue Regulation, 1886. JUDGE Comparing Assistant