Rahena Begum v. The State of Assam and 6 Ors

ORDER

22.11.2024 Heard Ms. P. Adhikari, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Government Advocate for the respondents No. 2, 3 & 4; Ms. G. Hazarika, learned Standing Counsel, Revenue for the respondent No. 1 and Mr. S. Islam, learned counsel for the respondent No. 5.

¶2This writ petition is filed seeking a direction to the respondents No. 2, 3 & 4 to demarcate the land belonging to the petitioner.

¶3The petitioner claims a land measuring 13.08 Lechas out of a contiguous plot of land of 1 Bigha, 5 Lechas covered by Dag No. 258 PP No. 85 of Makum Junction Town under Hapjan Mouza in the District of Tinsukia, Assam. It is submitted that the land was purchased by the father of the petitioner during his lifetime and after the demise of the father of the petitioner, her name and her husband's name were mutated by inheritance. However, the son of the purchaser of the land namely the brother of the petitioner constructed a bamboo fencing and also a temporary house thereon. Accordingly, the petitioner approached the Revenue authorities as far back as 2016 seeking demarcation. However, the application/representation of the petitioner was not considered as claimed by the petitioner. Subsequently again in the year 2021, a representation was stated to be submitted. This representation is enclosed as Annexure-12 (Page-47) of the writ petition which according to the petitioner has also been unattended. Aggrieved, the present writ petition has been filed.

¶4On the last date, the Government Advocate was permitted to obtain required instructions in the matter.

¶5Today, the learned Government Advocate has placed before the Court a Page No.# 4/4 communication dated 22.07.2024 received from the Addl. Deputy Commissioner (Revenue), Tinsukia. As per the said communication, the Circle Officer, Doomdooma Revenue Circle submitted a report that inspite of notices being issued on 22.04.2024 and 13.05.2024 for demarcation of land, the petitioner did not attempt to be present for the said purposes. It is stated therein that the land belonging to the respondent No. 5 is separated by way of a partition of the land and partition patta in his name with Dag No. 1335 and Patta No. 362 has already been created. The particulars in the writ petition are very sketchy and vague and therefore no specific directions on such premises can be issued to the respondents. That apart upon perusal of the instructions placed before the Court by the Government counsel, it appears that the Circle Officer issued notices on the petitioner for demarcation of land and inspite of which the petitioner did not attend the said process.

¶6Under such circumstances, this Court is disinclined to pass any order as prayed for the present writ petition. However, liberty is granted to the petitioner to approach the Circle Officer and file appropriate representation if any highlighting her grievances specifically and supported by adequate documents and if such a representation is filed within a period of 30 days from today, the Circle Officer will thereafter proceed to examine the grievances of the petitioner and pass appropriate order thereon within a further period of 60 days from the date such an application is filed. The Circle Officer will ensure that all affected parties are given a right of hearing before any such orders are passed.

¶7With the above observation, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010095522024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2589/2024o RAHENAoBEGUMo WIFEoOFoHASANoRAJAoLASKAR,o R/O-oVILLAGE-oBETJANoROAD,oMAKUMoJUNCTION,o DISTRICT-oTINSUKIA,oASSAM,oPIN-o786170. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYo REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENTo DISPURo GUWAHATI-06. 2:THEoDEPUTYoCOMMISSIONER oTINSUKIA oDIST.-oTINSUKIA oASSAM oPIN-o786125. 3:THEoADDITIONALoDEPUTYoCOMMISSIONER oREVENUE oDIST.-oTINSUKIA oASSAM oPIN-o786125. 4:THEoCIRCLEoOFFICER oDOOMDOOMAoREVENUEoCIRCLE oDIST.-oTINSUKIA oASSAM oPIN-o786151. 5:SULTANoAHMED Page No.# 2/4 SON OF LATE LAL MIYA RESIDENT OF BETJAN ROAD MAKUM JUNCTION P.S.- MAKUM DISTRICT- TINSUKIA ASSAM PIN- 786170. 6:BABUL UDDIN AHMED SON OF LATE LAL MIYA RESIDENT OF BETJAN ROAD MAKUM JUNCTION P.S.- MAKUM DISTRICT- TINSUKIA ASSAM PIN- 786170. 7:AZIR AHMED SON OF LATE ALIMUDDIN RESIDENT OF BETJAN ROAD MAKUM JUNCTION P.S.- MAKUM DISTRICT- TINSUKIA ASSAM PIN- 786170 Advocate for the Petitioner : G UDDIN, P ADHIKARI,MR A K AZAD Advocate for the Respondent : SC, REVENUE, A R MONDAL (R-5),MR A HAWARI(R-5),MR. S ISLAM(R-5),GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA