SHAHIDUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R. Choudhury, learned counsel assisted by Mr. N. Rahman, learned counsel for the petitioners. Also heard Mr. D. Nath, learned Senior Government Advocate, Assam, for the respondent Nos. 1 & 2; Mr. C. Sarma, learned counsel for the respondent Nos. 3 to 18 & 20; Mrs. S. Roy, learned counsel for the respondent No. 21 to 28; and Mr. G. Baruah, learned counsel appearing on behalf of respondent/NHIDCL, who are impleaded in the instant revision petition as respondent Nos. 29 & 30, in view of the order dtd. 17/12/2022, passed in I.A.(Civil)/3100/2022.

(2.) This civil revision petition, under Article 227 of the Constitution of India read with Sec. 151 of the Code of Civil Procedure, 1908, is directed against the order dtd. 5/4/2022, passed by the learned District Judge, Bongaigaon, in Title Suit No. 91/2021, allowing the petition No. 132/2022, filed by the learned Additional Deputy Commissioner, Bongaigaon, and directed the Circle Officer, Boitamari Circle, to demarcate the land of Dag No. 56 under Patta No. 66 for carrying out demarcation of Dag Nos. 38 and 55 under Patta No. 1 and to submit report.

(3.) The brief facts of the case of the petitioners is that the petitioners, as plaintiffs, filed a title suit, being Title Suit No. 59/2019, before the learned Civil Judge, Bongaigaon, seeking declaration of right, title, interest and possession over the suit land with a further declaration that the defendants have no right, title and interest individually or on behalf of any so called "Achuni Ambari Dong Committee" and also sought for further declaration that defendants have no right to change the existing mutation of record of rights of patta by cancelling the name of the plaintiffs along with a prayer for permanent injunction. The plaintiffs and the proforma defendants' father, namely, Moslem Uddin Ahmed, were the absolute owner and possessor of plot of land measuring 51 Bigha, 3 Katha, 11 Lessa at Koreya Pahar under Boitamari Revenue Circle in the district of Bongaigaon, Assam. Accordingly, the name of the father of the plaintiffs and the proforma defendants was mutated in the record of rights. But, in the said record of rights, there was a mistake committed by the Office and the name of "Secretary Dong Committee" was also mutated along with the name of original Khati-andar Moslem Uddin Ahmed. After the death of the father of the plaintiffs/petitioners, they inherited the suit land and the proforma defendants, i.e. the daughters of the Late Moslem Uddin Ahmed, relinquish their right over the suit land in favour of their brothers, i.e. the present petitioners/plaintiffs. Accordingly, all the petitioners/plaintiffs are in possession of the suit land and their names have already been recorded in the record of rights. It is the case of the petitioner that the defendant Nos. 3 to 20 have no right, title and interest over any part of the suit land nor they are in possession of the same. But, in spite of having no right, title and interest over the suit land, the defendants filed a petition, being Misc. Case No. 17/2019, before the Circle Officer, Boitamari, for correction of the land records of the suit land in their names on behalf of Achuni Ambari, which is a non-existing identity. Accordingly, the name of Achuni Ambari Dong Committee was illegally mutated over the suit land. However, subsequently, that illegal mutation was cancelled from the record of rights and the suit land was mutated in the name of the present petitioners/plaintiffs. But, the defendants, in the name of Achuni Ambari Dong Committee, in collusion with the Boitamari Revenue Circle, constantly trying to change the record of land in favour of the defendants. Therefore, the plaintiffs/petitioners, along with the Title Suit No. 59/2019, also filed an application under Order 39 Rule 1 and 2 read with Sec. 151 of the Code of Civil Procedure praying for granting temporary injunction restraining the opposite party Nos. 1 and 2 from passing any order to change the existing record of rights of the suit land and further restraining the opposite party Nos. 3 to 20 not to disturb the peaceful possession of the suit land till disposal of the main suit. The said application was numbered as Misc. (J) Case No. 49/2019 and the learned Civil Judge, Bongaigaion, vide order dtd. 22/7/2019, was pleased to pass interim temporary injunction order restraining the defendant Nos. 1 and 2 from passing any order to change the existing record of rights of the suit land and not to disturb the peaceful possession of the plaintiffs/petitioners over the suit land. It is also stated that during the pendency of the Misc. Case No. 17/2019, before the Circle Officer, Boitamari, the petitioners submitted a representation, dtd. 3/7/2019, before the learned Deputy Commissioner, Bongaigaon, with a prayer for passing necessary order not to proceed with the Misc. Case No. 17/2019, which is still pending without assigning any reason.