THE GAUHATI HIGH COURT v. THE STATE OF ASSAM AND 2 ORS

BEFORE HONOURABLE MR. JUSTICE KARDAK ETE Date : 10-06-2026 ORDER Heard B. Sinha, learned counsel for the petitioners. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent No. 1 and Mr. H. Sarma, learned State Counsel for the respondent Nos. 2 & 3.

2. Considering the simple nature of the prayer made in this writ petition and as agreed to by the learned counsel for the parties, this writ petition is taken up and disposed of at the admission stage.

3. The petitioners, by filing this writ petition, have prayed for a simple direction to the respondent authorities to consider and dispose of the application dated 10.04.2023, submitted by them, in respect of the land Page No.# 13/14 measuring 40 decimals out of 47 decimals covered by Final Khatian No. 256, Dag No. 104(o)/763(n) under Mohal/Taluk No. 15822/237 of Shyam Roy, Revenue Survey No. 5739(o)/390(n) of Village & Mouza-Khagail Pt-I, Ph-Eagarsati within Nilambazar Revenue Circle, in the Karimganj District, presently Sribhumi District.

4. The petitioners, who claim to be the sons and grandsons of the recorded Khatiandars of the subject land, contends that a market namely Khagail Bazar has been established by the villagers in the year 1953 over a plot of land measuring 47 decimals covered by Final Khatian No. 256, Dag No. 104(o)/763(n) under Mohal/Taluk No. 15822/237 of Shyam Roy, Revenue Survey No. 5739(o)/390(n) of Village & Mouza-Khagail Pt-I, Ph- Eagarsati within Nilambazar Revenue Circle, in the erstwhile District of Cachar, then under Karimganj District and now Sribhumi District. It is stated that the said land was a Mirash land of Mirashdar namely Md. Nazrul Hoque, S/o Late Hazi Abdul Noor. It is further stated that the predecessors-in-interest of the petitioners were holding the aforesaid land as rayots under the said Mirashdar and were accordingly recorded in Final Khatian No. 256.

5. According to the petitioners, they have inherited the subject land after the demise of their predecessors-in-interest. The petitioners applied for inclusion of their names in the Khatian; however, the respondent authorities, without considering the grievance of the petitioners regarding recording of their names, recorded the subject land as Khas land. It is the contention of the petitioners that they have right to have their names recorded in the revenue records in accordance with the provisions of the Assam State Acquisition of Zamindaries Act, 1951, which was applicable in Page No.# 14/14 the erstwhile District of Cachar. Therefore, they submit that their application dated 10.04.2023 may be directed to be considered and disposed of.

6. Having considered the simple nature of the prayer made by the petitioners for disposal of their application for recording their names in the revenue records in terms of the applicable provisions of law and as agreed to by the learned counsel for the respondents, Ms. N. Bordoloi, learned Standing Counsel for the Revenue Department and Mr. Mr. J. Handique, learned State Counsel, I deem it appropriate to dispose of this writ petition with a direction to the petitioners to file a fresh application before the District Commissioner, Sribhumi District, within a period of 20 (twenty) days from today. On receipt of the application, the District Commissioner, Sribhumi District, shall consider and dispose of the same in accordance with law, within a period of 3 (three) months from the date of receipt of the application.

7. The writ petition stands disposed of, in terms above. Comparing Assistant JUDGE