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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Shahinur Rahman S/o Shahajamal S.K. – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The present writ petition under Article 226 of the Constitution of India has been filed with the following prayers:
“In the premises aforesaid, it is most respectfully prayed that Your Lordship would be pleased to admit this petition call for records, issue notice upon the respondents to show cause as to why a writ of mandamus should not be issued directing the respondents authorities to give settlement to the petitioner and or restore the old patta vide Final Khatian No. 76 dated 02.02.1961 and or direct the respondent authorities to make settlement/allotment of the land measuring 2B-3K-12L under Dag No. 197 (Old)/214 (New), Khatian No. 76, village Bhalukmari under Bilasipara Revenue Circle, Bilasipara, Dist. Dhubri, Assam and/or cause or causes being shown and upon hearing the parties and on perusal of the records, be pleased to make the rule absolute by granting complete and adequate relief to the petitioner and/or pass such other order or orders as Your Lordships may deem fit and proper.
Pending disposal of the case the petitioner may not be evicted from the land measuring 2B-3K-12L under Dag No. 197 (Old)/214 (New), Khatian No. 76, village Bhal
Delay in filing a writ petition affects its maintainability; mere possession does not create enforceable rights against state claim over khas land.
Extraordinary writ jurisdiction under Article 226 is discretionary and can be denied due to unreasonable delay in seeking relief.
The court ruled that eviction from government land does not violate tenancy rights, and directed the Deputy Commissioner to expedite the ownership application under the Assam Tenancy Act.
Where the deprivation of property without sanction of law is admitted and clearly established, there is no difficulty in applying above principle and, as such, a petition for compensation cannot be d....
The principle that entries in revenue records are for revenue collection purposes and do not confer or extinguish title, and that possession is the key factor in determining rights in land disputes.
Settlement authorities cannot alter confirmed land assignments without legal basis, emphasizing the need to respect prior land grants and judicial confirmations.
Section 4(1)(b)(ii), but the Government raised a plea that the petitioners are not entitled to restore the land in view of the amendment of Section 4 by Act No.8 of 2008.
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