Gauhati High Court

LPA/Sp.A/4214/2025 of SMT. TWINKLE SINGH Vs THE STATE OF ASSAM AND 4 ORS. on 4 August 2026

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GAHC010160732025 2026:GAU-AS:10890 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4214/2025 SMT. TWINKLE SINGH DAUGHTER OF LATE BHISMA SINGH, RESIDENT OF CHINATOLIYA, P.S- NORTH LAKHIMPUR, MOUZA- NARKARI, DIST- LAKHIMPUR, ASSAM, PIN- 787032

GAHC010160732025

2026:GAU-AS:10890

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4214/2025

SMT. TWINKLE SINGH

DAUGHTER OF LATE BHISMA SINGH, RESIDENT OF CHINATOLIYA, P.S- NORTH LAKHIMPUR, MOUZA- NARKARI, DIST- LAKHIMPUR, ASSAM, PIN- 787032

VERSUS

THE STATE OF ASSAM AND 4 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM REVENUE DEPARTMENT, DISPUR, GUWAHATI, PIN- 781006

2:THE DISTRICT COMMISSIONER

LAKHIMPUR

NORTH LAKHIMPUR

ASASM

3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE)

LAKHIMPUR

NORTH LAKHIMPUR

ASSAM

4:THE CIRCLE OFFICER

LAKHIMPUR REVENUE CIRCLE

ASSAM

PIN- 787001

5:SMT. DAWKI SINGH

WIFE OF LATE RAM LAKHAN SINGH

RESIDENT OF WARD NO. 9

BAZARPATTY

DIST- LAKHIMPUR

ASSAM

PIN- 78700

Advocate for the Petitioner : MR G J SAIKIA, MS R SAHA,MR. B J MUKHERJEE

Advocate for the Respondent : SC, REVENUE, MR. S BANIKYA(R5),MR. M GOGOI(R5),GA, ASSAM

BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 05.08.2026 Heard Mr. A Kanu, learned counsel appearing on behalf of the Petitioner. Also heard Mr. A Hussain, learned counsel appearing on behalf of the Respondent No. 8; Ms. S Katakey, learned Standing counsel, ECI, and Mr. J Handique, learned Government Advocate, Assam.

2. The present Writ Petition has been filed by the Petitioner, assailing the order dated 10.04.2025 passed by the learned Assam Board of Revenue, in 6 RA(L)/2023, whereby the order dated 16.07.2021 passed by the Additional Deputy Commissioner (Revenue), Lakhimpur, Assam, in Misc. Case No. 06/2020, was set aside and the subsequent order dated 02.09.2022, passed in Partition Case No. LAK/UTT/2022-23/24869/OPART was set aside. In addition to that the learned Assam Board of Revenue had observed in the impugned order that all the rightful legal heirs of

Late. Ram Lakhan Singh, would be entitled to have their names mutated in the Record of Rights, in respect to a plot of land admeasuring 3 katha 11 lechas in respect of Dag No. 727 (old) 3112 (new) of Periodic Patta No. 575 (old) 1658 (new) under North Lakhimpur Revenue Circle, in the district of Lakhimpur, Assam.

3. The learned Assam Board of Revenue, at paragraph No. 19 (C) of the impugned order, clarified that the order so passed was only for the purpose of mutation in the revenue records and shall not be construed as a declaration of title or final share which shall be abide by the decision of the competent Civil Court, wherein, Title Suit No. 12/2023, is presently pending.

4. This Court has perused the materials available on record, as well as the directions so passed by the learned Assam Board of Revenue, in the impugned order dated 10.04.2025 and is of the opinion that the impugned order does not call for any interference, in exercise of the certiorari jurisdiction of this Court, inasmuch as, this Court does not find the impugned order to be erroneous, requiring the interference by this Court, under Article 226 of the Constitution of India.

5. Accordingly, the instant Writ Petition stands dismissed.

6. Before parting with the records, this Court observes that taking into account that a Suit is pending before the learned Court of Civil Judge, Lakhimpur, North Lakhimpur, Assam, being Title Suit No. 12/2023, the order impugned in the instant proceeding, shall be subject to outcome of the said Title Suit. JUDGE Comparing Assistant

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