Administrative officers cannot adjudicate on ownership claims of land when possession is contested; jurisdiction lies with the Civil Court.

Heard Mr. D. Das, learned Senior Advocate assisted by Mr. S. Deka, learned counsel for the petitioner. Also heard Ms. S. Sarma, learned Government Advocate for respondent Nos. 2 and 3 and Ms. G. Hazarika, learned Standing Counsel for respondent No.1.

2. The petitioner is aggrieved by the actions taken by the Circle Officer, Dispur Revenue Circle to demarcate the land, which was in his possession. The measure of land is 2 Kathas 10 Lechas covered by dag No. 289, 290, 323(Old) 428 and 429(New) of Patta No. 23(old) 1652 (new) of village Japorigog under Beltola Mouza in the district of Kamrup (M), Assam. It is submitted that this land was gifted to the petitioner by execution of a gift deed on 24.12.2007 by the donor late Debajani Choudhury, who is the grandmother of the petitioner as well as respondent No.4. 3. In pursuance to an FIR lodged by the respondent No.4 before the Geetanagar Police Station making allegations that the gift deed is a forged deed, the Circle Officer has made attempts to demarcate the land for the purposes of mutation.

4. Learned Senior counsel for the petitioner referring to Regulation 41 of the Assam Land and Revenue Regulation , 1886 submits that under the Regulation, if any person who claims to be the owner of the land were not in possession, the matter is to be referred to the competent Civil Court. As such, the Circle Officer has no jurisdiction to entertain the matter. To the best of his knowledge, there is no civil suit pending questioning the authenticity of the gift deed. Only an FIR has been filed and investigations in that respect has been carried on by the Investigating Officer and the petitioner apprehending arrest had also obtained an anticipatory bail.

5. Under such circumstances, he submits that the respondent No.3 should be suitably directed not to take any steps to demarcate the land contrary to the claims of the writ petitioner till the matter is decided by the competent Civil Court.

6. Learned Government Advocate submits that she would like to complete her instructions. Accordingly, let Notice be issued on the interim prayer returnable on 29.07.2024.

7. Till the next returnable date, the possession of the writ petitioner on the land situated at village Japorigog under Beltola Mouza in the district of Kamrup (M), Assam as claimed shall not be disturbed without leave of the Court.