GUWAHATI, India, Nov. 19 -- Gauhati High Court issued the following order on Oct. 22:

1. The instant application under Article 226 of the Constitution of India has been instituted with the following relief :

"In the premises as aforesaid, it is therefore prayed that your Lordships may be pleased to admit this petition, call for the records, issue a Rule; calling upon the respondents to show cause as to why:

A writ in the nature of Mandamus shall not be issued directing the respondents to dispose of application dated 20.12.2016 (ANNEXURE-13) in light of office letter dated 30.8.2017 (ANNEXURE-14); issued by respondent No. 2 in a time bound manner.

A writ in the nature of Mandamus shall not be issued thereby directing the respondents to pass necessary orders to correct revenue records declassifying land under Dag Nos. 2874 & 2890 under Myadi Patta No. 298, under village Betkuchi, Mouza Beltola as "Government Land" and to include the same in the Jamabandi of revenue village Betkuchi showing the name of late Siri devi Surana.

And/or as to why other appropriate Writ, Order or Directions shall not be issued giving adequate relief(s) to the Writ Petitioner.

Upon perusal of the records and the cause or causes as may be shown by the respondents and after hearing the parties Your Lordships may be pleased to make the rule absolute and/or may be pleased to pass any such further order(s) as Your Lordships may deem fit and proper."

2. As per the facts projected, one Shri Jadu Nath Bora was the owner of a plot of land measuring about 81 bighas and out of the said plot and he had sold a plot measuring 2 bighas covered by Dag No. 1236 of Nisfkhiraj patta No. 1 of revenue village - Betkuchi under Mouza - Beltola, Guwahati to one Shri Debo Ram Mikir vide registered deed No. 3624 of 1971. Subsequently, the same Shri Debo Ram Mikir had sold the aforesaid land to the mother of the petitioner Sridevi Surana vide registered deed No. 8859 of 1973. The land was accordingly mutated and in the meantime, the mother of the petitioner has passed away. The petitioner claims to be possessing the land and running his business premises from the said land. In the year 2009-2010, there was a re-settlement operation in which the land in question were declared to be khas land. It appears that in the said re-settlement, the land in question covered by dag No. 1236 was bifurcated into 4 Dags numbered 2874, 2890, 2889 and 2888 out of which the first two Dags constitute the land under the possession of the petitioner. It transpires that Ceiling Case No. 225 was instituted in the year 1980-81 and the said plot was found to be surplus. Of that premises, the cause of action has arisen.

3. I have heard Shri R Chakravorty, learned counsel for the petitioner. I have also heard Shri H Sharma, learned Additional Sr. Government Advocate and Ms. P.R Mahanta, learned Standing counsel, Revenue Department.

4. Shri R Chakravorty, learned counsel for the petitioner has submitted that the premises on which the impugned classification of the land is done is erroneous. He has submitted that at no point of time, the plot of land which is covered by Dag No. 1236 was declared to be surplus under the Assam Fixation of Ceiling on Land Holdings Act, 1956 (hereinafter, the Ceiling Act). He has submitted that in the present proceedings, two numbers of affidavits have been filed by the concerned Circle Officer and in both the affidavits, it has categorically been stated that the concerned records are not available for verification. He has also drawn the attention of this Court to the order dated 12.12.2013 passed by the Circle Officer in which it has been narrated that the aspect whether the land in question was part of the ceiling surplus land is not clear. Attention of this Court has also been drawn to the order dated 17.10.2023 passed in this proceeding as per which a direction was given to file an additional affidavit and in the said additional affidavit filed, the aspect could not be clarified by the respondent authorities.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrOF28pkRKXF5Kqlw%2FZCIUQf5M%2FBwjI1WCmx5DA10MWpS&caseno=WP(C)/7631/2018&cCode=1&cino=GAHC010244492018&state_code=6&appFlag=)

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