WP(C)/3039/2020 of SMTI. DIPALI MUDOI Vs THE STATE OF ASSAM AND 6 ORS. on 30 July 2026

GAHC010093962020

2026:GAU-AS:10622

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3039/2020 SMTI. DIPALI MUDOI W/O SRI PARSURAM MUDOI, R/O ASSAM STATE HOUSING COLONY, BARSOJAI, HATIGAON, BELTOLA ROAD, M.I.G.I. GROUND FLOOR WEST, HATIGAON, P.O. AND P.S.-HATIGAON, DIST-KAMRUP(M), ASSAM, PIN- 781038 VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, LAND AND REVENUE DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DEPUTY COMMISSIONER OF KAMRUP (M) P.O.-PANBAZAR DIST-KAMRUP(M) ASSAM GUWAHATI-1 3:THE SETTLEMENT OFFICER KAMRUP (M) P.O.-PANBAZAR DIST-KAMRUP (M) GUWAHATI-1 4:THE REVENUE AND CIRCLE OFFICER DISPUR CIRCLE MOUZA-BELTOLA P.O.-BELTOLA DIST-KAMRUP(M) ASSAM GUWAHATI-38

5:SMT. PARIJAT DAS ROY W/O SRI DILIP KUMAR ROY R/O FORENSIC LABORATORY QUARTER KAHILIPARA DAKHINGAON P.O.-KAHILIPARA P.S.-DISPUR DIST-KAMRUP(M) ASSAM PIN-781019 6:ACHYUT KALITA S/O LATE ABHI RAM KALITA R/O SAUKUCHI UNDER MOUZA-BELTOLA P.O.-KAHILIPARA P.S.-DISPUR MOUZA-BELTOLA DIST-KAMRUP(M) ASSAM 7:MUKUL CHANDRA SARMA S/O LATE KRISHNA CHANDRA SARMA R/O DAKHIN GAON P.O.-KAHILIPARA P.S.-DISPUR DIST-KAMRUP(M) ASSA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

For the Petitioner(s) : Mr. M. A. Sheikh, Advocate For the Respondent(s) : Mr. B. J. Talukdar Sr. GA Mr. P. K. Medhi, Advocate Ms. P. R. Mahanta, SC, Revenue Mr. G. Bharadwaj, Advocate Ms. L. Wangsa, Advocate Date on which judgment is reserved : NA

Date of pronouncement of judgment : 31.07.2026

Whether the pronouncement is of the Operative part of the judgment? : Yes

Whether the full judgment has been Pronounced? : No.

JUDGMENT AND ORDER (ORAL)

Heard Mr. M. A. Sheikh, the learned counsel appearing on behalf of the Petitioner. Ms. P. R. Mahanta, the learned counsel appears on behalf of the Respondent No.1; Mr. B. J. Talukdar, the learned Senior Government Advocate assisted by Mr. P. K. Medhi, the learned counsel appears on behalf of the Respondent Nos.2, 3, 4; Mr. G. Bharadwaj, the learned counsel appears on behalf of the Respondent No.5 and Ms. L. Wangsa, the learned counsel appears on behalf of the Respondent No.6.

2. The present writ petition has been filed assailing the order dated 11.06.2013 passed by the learned Assam Board of Revenue in Case No.151 RA(K)/2009, whereby the Appeal was allowed thereby setting aside the order dated 08.12.2008 passed in Misc. Case No.82/2007-08 by the Settlement Officer.

3. Mr. M. A. Sheikh, the learned counsel appearing on behalf of the Petitioner submitted that a review was sought for to the order dated 11.06.2013 passed by the learned Assam Board of

Revenue. However, the said review application was rejected vide an order dated 25.02.2020, and it is under such circumstances, the Petitioner has approached this Court now challenging the original order dated 11.06.2013 passed in Case No.151 RA(K)/2009. The learned counsel appearing on behalf of the Petitioner submitted that the impugned order so passed is without jurisdiction in as much as the Appeal ought to have been decided by the learned Division Bench of the Assam Board of Revenue. In addition to that, the learned counsel further submitted that vide the order dated 11.06.2013, the learned Assam Board of Revenue has also decided on the question of title over the land which is solely to be decided by the Civil Court and the Revenue Authorities have no jurisdiction.

4. I have also heard Mr. B. J. Talukdar, the learned Senior Counsel appearing on behalf of the Respondent Nos.2, 3 & 4 who submitted that the Settlement Officer's order dated 08.12.2008 passed in Misc. Case No.82/2007-08 is an original order, and under such circumstances, the Appeal under Section 147 of the Assam Land and Revenue Regulation, 1886 is required to be adjudicated by the Single Bench, and as such, the said order was rightly passed by the Single Bench of the learned Assam Board of Revenue. The learned Senior Counsel further submitted that there is no perversity in the impugned order dated 11.06.2013 passed in Case No.151 RA(K)/2009 for this Court to exercise the certiorari jurisdiction.

5. This Court has also heard the learned counsels appearing on behalf of the private Respondents whose submission were similar to the submission made by the official Respondents.

6. Upon hearing the learned counsels appearing on behalf of the parties and perusal of the order dated 08.12.2008 passed in Misc. Case No.82/2007-08 by the Settlement Officer, Guwahati, it is the opinion of this Court that the said order is an original order of the Settlement Officer.

7. Regulation 45 of the Assam Board of Revenue Regulations, 1963 stipulates that an Appeal under Section 147 of the Assam Land and Revenue Regulation, 1886 would be decided by the Single Bench of the learned Assam Board of Revenue when the order appealed against is an Original Order. As in the instant case as opined above, the order dated 08.12.2008 passed in Misc. Case No.82/2007-08 by the Settlement Order is an Original Order passed by the Settlement Officer, the Appeal before the learned Assam Board of Revenue was therefore required to be heard only by the Single Bench of the learned Assam Board of Revenue.

8. Accordingly, it is therefore the opinion of this Court that the first ground of challenge to the order dated 11.06.2013 passed by the learned Assam Board of Revenue in Case No. 151 RA(K)/2009 is misconceived.

9. This Court has further taken note of the order dated 11.06.2013 which is impugned in the instant proceeding. From a perusal of the impugned order, it is seen that the learned Assam Board of Revenue had while deciding on the merits made certain observations on the title over the property. It is well settled that the observations made by the Revenue Authorities on the question of title is only limited to the revenue entries and such observations would not effect the title of the parties to the land. It is only the Civil Court who has jurisdiction to decide the title over the property. Therefore, the observations made by the learned Assam Board of Revenue in the impugned order shall only be construed to the observation for the adjudication of the revenue entries and would not effect the rights of the parties in the circumstance a civil suit is filed.

10. Accordingly, the instant writ petition stands disposed of with the following observations and directions:-

(i) This Court, for the reasons aforesaid, is therefore not inclined to interfere with the order dated 11.06.2013 passed in Case No.151 RA(K)/2009. The said order dated

11.06.2013 passed in Case No. 151 RA(K)/2009 shall not be considered as a decision deciding the inter-se title over the land between the Petitioner and the private Respondents.

(ii) The Petitioner as well as the private Respondents would be at liberty to approach the competent Court of Civil Jurisdiction, if so advised, on the question of the title.

JUDGE Comparing Assistant Pradip Kumar Kalita Digitally signed by Pradip Kumar Kalita Date: 2026.08.01 15:27:59 +05'30'