THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 5 ORS
Case at a glance
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 55. Accordingly, the Court is inclined to close this writ petition with liberty to the petitioner to move the appropriate authorities and to make an appropriate application before the respondent authority for settlement/allotment of the land.
Judgment
Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA Date : 26.06.2023 ORDER Heard Mr. M. U. Mondal, learned counsel for the petitioner, Mr. K. Gogoi, learned Additional Senior Govt. advocate appearing for respondent nos.1 and 3 to 6, and Ms. G. Hazarika, learned standing counsel for the Revenue Department, appearing for respondent no. 3.
The present writ petition has been filed under Article 226 of the Constitution of India, by which the petitioner is seeking a direction upon the respondent authorities to give settlement/ allotment of the land to the petitioner or for restoration of the old khatian no.76 dated 02.02.1961 in respect of the land morefully described in the writ petition.
It is projected that although the private respondents are not in possession of any parts of the said land, but their names have been entered in the revenue records.
In this connection, the Court is of the considered opinion that for alleged entries projected to be illegally entered in the land records creating third party rights, there are provisions in the Assam Land and Revenue Regulation, 1886 to challenge such entries. Moreover, the petitioner has prayed for directing the respondents to give allotment of land to the petitioner, but that is not a Page No.# 3/3 matter which can be judicially decided and therefore, under the Assam Land and Revenue Regulation, 1886 and rules framed thereunder, there is a specific provision for prescribed manner in which the land should be allotted. The procedure for allotment of land is also covered by Assam Land Policy, 2019. Therefore, the petitioner could have to comply with the procedure prescribed for seeking allotment of land.
Accordingly, the Court is inclined to close this writ petition with liberty to the petitioner to move the appropriate authorities and to make an appropriate application before the respondent authority for settlement/allotment of the land.
With the liberty as indicated above, this writ petition stands closed. JUDGE Comparing Assistant
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Gauhati High Court, on 26 Jun 2023. The bench was KALYAN RAI SURANA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.