GAUHATI HIGH COURT ISSUES ORDER ON SRI MANMOHAM BARUAH AND 4 ORS V/S THE STATE OF ASSAM AND ORS

GUWAHATI, India, Jan. 6 -- Gauhati High Court issued the following order on Dec. 5:

1. Heard Mr. S. Sarma, learned Senior Counsel assisted by Mr. A. Gautam, learned counsel for the petitioners; Ms. G. Hazarika, learned Standing Counsel, Revenue Department for the respondent nos. 1 & 2; and Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 3, 4, 5 & 6.

2. In a tenancy case instituted before the Additional District Commissioner, Kamrup [M] wherein the petitioners were opposite parties, the Additional District Commissioner, Kamrup [M] as a Revenue Court dismissed the application preferred by the respondent no. 8 herein by an Order dated 03.08.2024. The tenancy case was instituted seeking ownership rights under Section 23 of the Assam [Temporarily Settled Areas] Tenancy Act, 1971 ['the Act, 1971', for short]. Aggrieved thereby, the respondent no. 8 preferred an appeal before the respondent no. 3 purportedly under Section 67 of the Act, 1971 against the Order dated 03.08.2024. The petitioners herein who were impleaded as respondents in the appeal registered as Tenancy Case no. 26 of 2023, raised a preliminary objection on the point of maintainability of the appeal. The petitioners contended that appellate power would not be available for the respondent no. 3 to exercise against the Order of the Additional Deputy Commissioner who acted as a Revenue Court. However, the respondent no. 3 rejecting the point of maintainability by an Order dated 05.09.2025 posted the appeal for hearing on 09.09.2025. The petitioners had, in the meantime, having a doubt in the matter of delegation, sought for the copy of the relevant Gazette notification in view of the provisions contained in Section 67[b] read with Section 70 of the Act, 1971. The proceedings of the tenancy case stood deferred to 16.09.2025. On 16.09.2025, the respondent no. 3 posted the case on 22.09.2025. But from the copy of the jamabandi, it is revealed that on 22.09.2025, the final order has been passed by the respondent no. 3 in Tenancy Case no. 26 of 2023 whereby the respondent no. 3 has directed for registration of the name of the respondent no. 8 as a patta holder in respect of an area measuring 2 bighas 3 kathas 3 lessas on the strength of a Rayoti Khatiyan no. 80. By the Order dated 22.09.2025, the names of the petitioners have been deleted from the Records of Right [jamabandi].

3. The matter would require consideration.

4. Issue notice, returnable in 4 [four] weeks.

5. As Ms. Hazarika, learned Standing Counsel, Revenue Department has appeared and accepted notices on behalf of the respondent nos. 1 & 2; and Mr. Roy, learned Junior Government Advocate, Assam has appeared and accepted notices on behalf the respondent nos. 3, 4, 5 & 6, issuance of formal notice to the said respondents is dispensed with. Mr. Gautam, learned counsel for the petitioners shall furnish requisite nos. of extra copies of the writ petition along with the annexures to Ms. Hazarika and Mr. Roy within 2 [two] working days from today.

6. The petitioners shall take steps for service of notice upon the respondent nos. 7 to 15 by speed post within 2 [two] working days from today.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xz1MJ5Oc4YWRuGjxrozQtALxUgdxmjjPAXw%2FT8oZk659&caseno=WP(C)/6905/2025&cCode=1&cino=GAHC010269692025&state_code=6&appFlag=)

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