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2026 Supreme(Gau) 1426
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J.
Pual Das, S/o. Lt. Dimba Das - Petitioner
Versus
The State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Revenue L R Deptt. & Ors. - Respondents
WP(C) No. 5512 of 2025
Decided On : 13-07-2026
Important Points
Subject
Civil Law - Land Revenue
Act Referred
ASSAM LAND AND REVENUE REGULATIONS : S.52, S.52(1)
Headnote
For the Petitioner: Mr. M.A. Islam.
For the Respondent:Ms. P.R. Mahanta, Standing Counsel, Mr. S.S. Roy, Government Advocate, Ms. H.M. Phukan.
| Table of Content |
|---|
| 1. procedural history of land sale and the subsequent contested mutation process. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. mandatory requirement of notice to co-owners under section 52 of the regulation. (Para 7 , 8 , 9 , 10) |
| 3. affirmation of lower court orders and dismissal of the writ petition. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
Heard Mr. M. A. Islam, the learned counsel appearing on behalf of the Petitioner and Ms. P. R. Mahanta, the learned Standing counsel appearing on behalf of the Respondent No.1. I have also heard Mr. S. S. Roy, the learned Government Advocate appearing on behalf of the Respondent Nos. 2 and 3 and Ms. H. M. Phukan, the learned counsel appearing on behalf of the Respondent No.4. Respondent Nos. 5, 6 and 7 have not put in their appearance.
2. The present writ petition has been filed assailing the order dated 15.07.2025 passed in Case No.97RA(K)/2018 whereby the learned Assam Board of Revenue dismissed the Appeal filed by the Petitioner thereby affirming the order dated 08.05.2018 passed by the Additional Deputy Commissioner, Kamrup (M) in RA(M) No.3/2015-16.
3. The materials on record show that pursuant to a Deed of Agreement dated 12.10.2002 entered into by and between the Petitioner and the Respondent No.5 and the predecessor-in-interest of the Respondent Nos. 6 and 7 for sale of 10 Lechas of land out of 2 Kathas 10 Lechas covered by Dag No.1341 of Patta No.194 of village Satgaon under Mouza Beltola, a registered Deed of Sale was executed on 12.03.2008. In pursuance to the said Deed of Sale dated 12.03.2008, the Petitioner filed an application for mutation before the Circle Officer, Dispur Revenue Circle. Pursuant to the said Deed of Sale, vide an order dated 20.03.2014, the plot of land admeasuring 1.34 Are out of 6.21 Are of Dag No.1429 of Patta No.496 of village Satgaon under Mouza Beltola was mutated in favour of the Petitioner.
4. It may not be out of place to mention that at the time when the order dated 20.03.2014 was passed by the Circle Officer, Dispur Revenue Circle, the name of the Respondent No.4 was already mutated over the said land along with her brothers i.e. the vendors of the Petitioner. However, without issuance of any notice to the Respondent No.4, the said impugned order dated 20.03.2014 was passed.
5. The Respondent No.4 being aggrieved preferred an Appeal which was registered and numbered as RA(M) No.3/2015-16, before the learned Additional Deputy Commissioner, Kamrup (M) challenging the order dated 20.03.2014 passed by the Circle Officer, Dispur Revenue Circle. The said Appeal vide an order dated 08.05.2018 was allowed thereby setting aside the said mutation granted in favour of the Petitioner solely on the ground that the said mutation granted in favour of the Petitioner was without notice to one of the co-owners.
6. An Appeal thereagainst was filed before the learned Assam Board of Revenue which was registered and numbered as Case No.97RA(K)/2018. The learned Assam Board of Revenue vide the impugned order dated 15.07.2025 dismissed the said Appeal and it is under such circumstances, the present writ petition has been filed.
7. The question arises in the instant proceedings as to whether this Court in exercise of its certiorari jurisdiction under Article 226 of the Constitution should interfere with the impugned order dated 15.07.2025 passed by the learned Assam Board of Revenue.
8. Section 52 of the Assam Land and Revenue Regulation, 1886 (for short ‘Regulation’) being relevant is reproduced herein under:
“52. Procedure on application for registration.-
(1) On receiving an application under Section 50 or section 51, the Deputy Commissioner shall, if he considers there are sufficient grounds for proceeding with the application, publish a notice requiring all persons who object to the registration of the name of applicant, or who dispute the nature or extent of interest in respect of which registration is applied for, to give in a written statement of their objections, and to appear
