JAYA HANDIQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) A Plot of land measuring 3 Kathas is the bone of contention between these parties in this writ petition. By describing the said land to be covered by Dag No. 303 of Patta No. 20, the petitioner in this case claims to purchase the same from its original owners by 2 sale deeds dated 13.12.1984. The respondent No.2 herein on the other hand claims to have inherited the same plot of land with other lands. According to the respondent No. 2, the said land belongs to Dag No. 296. Be that as it may, the Revenue Authority by an order passed by the Settlement Officer on 26.07.2004 in RA. No. 5 of 2002 - 2003 and thereafter, the Assistant Settlement Officer, Guwahati by order dated 18.09.2000, passed in Misc. Case No. 2 of 1999 -2000, set aside the earlier orders and upheld the claim of the present petitioner.

(2.) THE respondent No.2, herein, approached the Assam Board of Revenue against the said decision of the Revenue Officers in Appeal Case No. 99 RA (K) of 2004, where the Assam Board of Revenue by exercising its power under Section 151/ 147 of the Assam Land and Revenue Regulation, 1886 allowed the said appeal and set aside the aforesaid orders of the Revenue Officers and directed the Settlement Officer, Guwahati to do the needful so as to locate the real land covered by Dag No. 303 referred to above. This order of the Revenue Board has been brought under challenge in the present writ petition.

(3.) IT is the case of the respondent No.2 that the land really pertained to Dag no. 296 which is the property of their ancestors and the same position was maintained since 1923 in the record of rights. Per contra, Mr. S. N. Sarma, learned Senior Counsel submits that in view of the contradictory orders of the Revenue Officers as well as the order passed by the Assam Board of Revenue challenged in this writ petition, the petitioner apprehended that his title to land in question has been clouded and accordingly, she approached the learned Munsiff No.2, Guwahati praying for declaration of her right, title and interest and confirmation of her possession over the land in question and also for other consequential reliefs. The said suit has been decreed on 14.02.2013 and a copy of the same judgment has been made available to this Court to -day.