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2021 Supreme(Gau) 420

IN THE HIGH COURT OF GAUHATI (KOHIMA BENCH)
Soumitra Saikia, Hukato Swu, JJ.
Bhanmati Devi - Appellants
Vs.
State of Nagaland and Ors.- Respondent
WA No. 12 of 2019
Decided On : 19-03-2021

Advocate Appeared:
For the Appellant :C.T. Jamir and I. Imchen, Advocates
For the Respondents:P.B. Paul, Limawapang, Advocates and V. Zhimomi, GA

Headnote:

provisions of Assam Land Revenue Regulation Act, 1886 - Section 151 6(c), 53A(2)1,2,3 and 54 - Civil Procedure Code, 1908 - Indian Registration Act, 1908 - Bengal, Agra and Assam Civil Courts Act, 1887 - Jurisdiction of Revenue Court - Ease Projected before is that private respondents as writ petitioners Claimed to have purchased of land from onwards. - All lands of private respondents were covered by pattas, issued by competent authority as per sale by registered deed - Appellant who was arrayed as party respondent No. 3, claimed that a portion of said land ought to have been settled with her as she was in possession from onwards - Whether Deputy Commissioner, can entertain application filed and decide on issues, was referred by Deputy Commissioner, to Government with special reference to issue of jurisdiction of Revenue Court - Held, Questions relating issuance/grant of patta and/or cancellation thereof are questions which are to be dealt with by revenue officers under provisions of Assam Land and Revenue Regulation, 1886 unless there are questions in respect of title which can only be decided by a Civil Court of competent jurisdiction - However, such finding to that effect is, at first instance is required to be arrived at by Deputy Commissioner, in view of issues raised by parties in application and which is presently pending disposal before Deputy Commissioner, - Court in Registrar General, High Court Vs. Union of India (supra), Bengal, Agra and Assam Civil Courts Act, 1887 will be applicable to Civil Courts established by law and manned by judicial officers appointed under 2006 Rules, however, it cannot be lost sight of that Deputy Commissioner, is one of ex-officio Revenue Officer as provided for under Section 123 of Assam Land and Revenue Regulation, 1886 - Writ Appeal is allowed

ORDER :

Soumitra Saikia, J.

1. Heard Mr. C.T. Jamir, learned senior counsel assisted by Mr. I. Imchen, learned counsel for the petitioner. Also heard Mr. P.B. Paul, learned counsel for the respondents No. 3, 4 & 5 and Mr. Limawapang, learned counsel for the respondents No. 6, 7 & 8 and Mr. V. Zhimomi, learned Government Advocate appears for the respondents No. 1 & 2.

2. This writ appeal has been directed against the Order dated 24.07.2019 passed by the learned Single Judge in WP(C) No. 64 (K)/2018. The ease projected before the learned Single Judge is that the private respondents as writ petitioners claimed to have purchased 19 Bighas of land from the year 2011 onwards. All the lands of the private respondents were covered by pattas, issued by the competent authority as per sale by the registered deed under the Indian Registration Act, 1908. The appellant who was arrayed as party respondent No. 3, claimed that a portion of the said land ought to have been settled with her as she was in possession from 1956 onwards. It was claimed by the respondent No. 3/appellant that she was illegally and unauthorizedly dispossessed and evicted, therefore, her rights over the land should be defined and her name be mutated/registered by the competent authority.

3. The appellant had filed an application before the Court of the Deputy Commissioner, Dimapur which was numbered as Land Case No. ___ of 2017. The appellant had filed the application under Section 53(A)(2), 54 read with Section 151 of the Assam Land and Revenue Regulation, 1886, seeking cancellation of the pattas of the private respondents/writ petitioners over the plot of land measuring 4 Katha, 16 Lessas, at Block No. 7, Mouza- 2. The appellant claimed that the said plot of land in question belonged to her late husband and they were in possession since 1956 till they were illegally evicted in 2009. She, therefore, filed the application praying for inter alia that her name be recorded in the Revenue records in respect of that plot of land. She further prayed for issuance of land patta passbook in respect of land measuring 4 Kathas, 16 Lessas of land in Block No. 7 of Mouza- 2 and to put her back in possession. The Deputy Commissioner, Dimapur summoned the opposite parties by issuance of the proper summons and directed the parties to maintain the status quo. The writ petitioners who were arrayed as respondents No. 1, 2, 3, 4, 5 & 6 filed objections before the Deputy Commissioner, Dimapur against the petition filed raising questions about the authenticity of the claims made by the appellant as well as the question of jurisdiction of the revenue court to decide the question of the title over the land. The Deputy Commissioner, Dimapur in view of the application and objections filed thereto directed the Subordinate Revenue Authorities to conduct verification and submit reports.

4. By order dated 23rd November, 2017, the Deputy Commissioner, Dimapur passed an order taking into account the various reports put up by the LRSO and upon hearing the parties directed the parties to maintain status quo. However, the question of the jurisdiction in respect of the whether the Deputy Commissioner, Dimapur can entertain the application filed and decide on the issues, was referred by the Deputy Commissioner, Dimapur to the Government with special reference to the issue of the jurisdiction of the Revenue Court. Status quo was directed to be maintained by all the parties till such time the matter was disposed of by the Government and consequential instructions received from the Government

5. The writ petitioners, thereafter, filed the writ petition WP(C) No. 64(K)/2018 against the State and the Deputy Commissioner, Dimapur and the present appellant as respondent No. 3, impugning the order dated 23.11.2017 passed by the Deputy Commissioner, Dimapur.

6. Upon hearing learned counsels for the parties, this Court by order dated 24.07.2019 held that matters pertaining to Right, Title and Interest over land are require

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