Gauhati High Court
WP(C)/5091/2026 of ROSHIDA BEGUM Vs THE STATE OF ASSAM AND 19 ORS on 17 September 2026
GAHC010200432026 2026:GAU-AS:13865 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5091/2026 ROSHIDA BEGUM DAUGHTER OF AYSHA KHATUN, RESIDENT OF VILLAGE - GHASBARI, P.O. GHASBARI, P.S. BILASIPARA, IN THE DISTRICT OF DHUBRI, ASSAM VERSUS THE
GAHC010200432026
2026:GAU-AS:13865
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5091/2026
ROSHIDA BEGUM
DAUGHTER OF AYSHA KHATUN, RESIDENT OF VILLAGE - GHASBARI, P.O.
GHASBARI, P.S. BILASIPARA, IN THE DISTRICT OF DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM AND 19 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI - 781006.
2:THE DISTRICT COLLECTOR
DHUBRI DISTRICT
ASSAM.
3:THE CIRCLE OFFICER
BILASIPARA REVENUE CIRCLE
P.O. P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM.
4:SABUL HUSSAIN
SON OF LATE ANSUR UDDIN RESIDENT OF VILLAGE HAKAMA PART - I
P.O. HAKAMA
P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM.
5:MONU SK
SON OF LATE ANSUR UDDIN
RESIDENT OF VILLAGE HAKAMA. PART - I
P.O. HAKAMA
P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM.
6:BASIA KHATUN
DAUGHTER OF LATE ANSUR UDDIN
RESIDENT OF VILLAGE HAKAMA PART - I
P.O. HAKAMA
P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM.
7:MUNJILA KHATUN
DAUGHTER OF LATE ANSUR UDDIN
RESIDENT OF VILLAGE HAKAMA PART - I
P.O. HAKAMA
P.S. BILASIPARA
IN THE DISTRICST OF DHUBRI
ASSAM
8:AZIZUL HOQUE
SON OF LATE SOID ALI
RESIDENT OF VILLAGE - GARUMARA
P.O. P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSA
9:AMINUR HOQUE
SON OF LATE SOID ALI
RESIDENT OF VILLAGE - GARUMARA
P.O. P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM
10:YANUR HOQUE
SON OF LATE SOID ALI
RESIDENT OF VILLAGE - GARUMARA
P.O. P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM.
11:EKRAMUL HOQUE
SON OF LATE SOID ALI
RESIDENT OF VILLAGE - GARUMARA
P.O. P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM.
12:JOSNA BEGUM
DAUGHTER LATE SOID ALI
RESIDENT OF VILLAGE - GARUMARA
P.O. P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM
13:ANJUMA BEGUM
DAUGHTER OF LATE SOID ALI
RESIDENT OF VILLAGE - GARUMARA
P.O. P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM.
14:ASMA BEGUM
DAUGHTER OF LATE SOID ALI
RESIDENT OF VILLAGE - GARUMARA
P.O. P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM
15:HABIBAR RAHMAN
SON OF LATE MONU ULLAH
RESIDENT OF VILLAGE - HAKAMA PART - I
P.O. HAKAMA
P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM.
16:AKKABAR ALI
SON OF LATE MONU ULIAH
RESIDENT OF VILLAGE - HAKAMA PART - I
P.O. HAKAMA
P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM.
17:MONIRUL AHMED
SON OF LATE OPIZUDDIN RESIDENT OF VILLAGE - CHANGMARI
P.O. P.S. BASUGAON
IN THE DISTRICT OF KOKRAJHAR
ASSAM.
18:MOHIDUL SK
SON OF LATE OPIZUDDIN RESIDENT OF VILLAGE - CHANGMARI
P.O. P.S. BASUGAON
IN THE DISTRICT OF KOKRAJHAR
ASSAM.
19:LAL CHAND SK
SON OF LATE KHASEMAMUD
P.O. HAKAMA
P.S. BILASIPARA
IN THE DISTRICT OF KOKRAJHAR
ASSAM.
20:FATINA BIBI
WIFE OF SUBRAT SK
DAUGHTER OF MOSLEM SK RESIDENT OF VILLAGE - BANIAPARA/
HAKAMAT PART - I
P.O. HAKAMA
P.S. BILASIPARA
IN THE DISTRICT OF KOKRAJHAR
ASSAM
Advocate for the Petitioner : MR. M A MONDAL, MR. MOZAHER HUSSAIN,MS. SUMAN
CHAUHAN
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
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ORDER
Date : 18.09.2026
Heard Mr. M.A. Mondal, learned counsel for the petitioner; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam for the respondent no. 1; and Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3. In this writ petition instituted under Article 226 of the Constitution of India, the petitioner has sought for a direction in the nature of mandamus to direct the State respondents, more particularly, the respondent no. 3 to separate the Dag number and Patta number of an area of land measuring 6 Kathas and 5 Lessas, covered by Dag no. 372 and Patta no. 8 & 11 [Town], situate at Hakama Part – I, Bilasipara Revenue Circle, District – Dhubri, Assam [‘the subject-plot’, for short], in respect of which the petitioner claims to be the owner. It transpires from the materials brought on record that the subject-plot is a part of the suit land in a title suit, Title Suit no. 35/2018 instituted before the Court of learned Civil
Judge, Junior Division, Bilasipara [‘the Trial Court’]. In the title suit, the petitioner herein was one of the plaintiffs, that is, the plaintiff no. 3[e], as one of the legal heirs of the plaintiff no.
3. The title suit was disposed of by a Judgment dated 23.11.2023. The Trial Court declared that the plaintiffs have got the right, title and interest over their respective shares in the parental properties, that is, the suit land. By the Judgment dated 23.11.2023, the Trial Court directed to prepare the decree accordingly. It is not brought on record by the petitioner whether after the Judgment, the decree has been prepared and the petitioner has filed any execution petition to execute the decree before the Competent Court to execute the decree. As the relief sought for in this writ petition is permissible for the petitioner to pursue in terms of the decree, if any, prepared by the Trial Court in an execution proceeding, this writ petition is not entertained. The petitioner is, however, at liberty to take recourse appropriate remedy, as permissible under the law.
JUDGE Comparing Assistant