GAHC010112922015

2025:GAU-AS:7322 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/100/2015 BASANT KUMAR BAGARIA S/O LT. DUNGARMAL BAGARIA R/O OLD A.T. ROAD P.O. and P.S.

HAIBARGAON DIST. NAGAON, ASSAM PIN- 782002.

VERSUS THE STATE OF ASSAM AND 6 ORS NOTICE THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-6.

2:THE ASSAM BOARD OF REVENUE PANBAZAR GUWAHATI-1.

3:THE DEPUTY COMMISSIONER NAGAON NAGAON TOWN.

4:ON THE DEATH OF DHARAM CHAND SETHIA HIS LEGAL HEIRS REPRESENTED BY-

4.1:PUKHRAJ SETHIA W/O LATE DHARAM CHAND SETHIA R/O S.S. ROAD (OLD A.T. ROAD)

P.O. HAIBARGAON MOUZA TOWN P.S. NAGAON SADAR DIST. NAGAON ASSAM PIN 782002

4.2:RAKESH SETHIA S/O LATE DHARAM CHAND SETHIA R/O S.S. ROAD (OLD A.T. ROAD)

P.O. HAIBARGAON MOUZA TOWN P.S. NAGAON SADAR DIST. NAGAON ASSAM PIN 782002

4.3:USHA DHAREWA D/O LATE DHARAM CHAND SETHIA C/O RAKESH SETHIA S.S. ROAD (OLD A.T. ROAD)

P.O. HAIBARGAON MOUZA TOWN P.S. NAGAON SADAR DIST. NAGAON SADAR DIST. NAGAON ASSAM PIN 782002

4.4:RENU SANJAY KOTHARI D/O LATE DHARAM CHAND SETHIA C/O RAKESH SETHIA S.S. ROAD (OLD A.T. ROAD)

P.O. HAIBARGAON MOUZA TOWN P.S. NAGAON SADAR DIST. NAGAON SADAR DIST. NAGAON ASSAM PIN 782002

4.5:MADHU DILIPKUMAR CHORADIA D/O LATE DHARAM CHAND SETHIA C/O RAKESH SETHIA S.S. ROAD (OLD A.T. ROAD)

P.O. HAIBARGAON MOUZA TOWN P.S. NAGAON SADAR DIST. NAGAON ASSAM PIN 782002

5:SRI KAMAL SINGH SETHIA 6:SRI TILOK CHAND SETHIA

7:SRI PRADIP KUMAR SETHIA ALL NO. 4

5

6 and 8 ARE SONSOF LT. SITA RAM SETHIA ARE RESIDENTS OF OLD A.T.

ROAD MOUZA- TOWN P.O. and P.S. HAIBARGAON DIST. NAGAON ASSAM PIN - 782002 Advocate for the Petitioner : MR.U K DAS, MS.M SHARMA,MR.D P CHALIHA Advocate for the Respondent : GA, ASSAM, MR. U GOSWAMI (r-4.1,4.2),MR. A SANCHETI (r-

4.1,4.2),MR S SANCHETI (r-4.1,4.2),MSB DEVI(R-4TO7),MS.H SARMA(R-4TO7),MS.K D SARMAH(R-4TO7),MR.R SARMA(R-4TO7),MS S BHUMIJ,MR. R C SANCHATI (r-4.1,4.2)

BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

03.06.2025

1. Heard Mr. D. P. Chaliha, learned Senior Counsel assisted by Mr. U. K. Das, learned counsel for the petitioner. Also heard Mr. S. Sancheti, learned counsel for the private respondent Nos. 4(a), 4(b), 4(c), 4(d) and 4(e).

2. The case of the petitioner is that the petitioner’s father Dungarmal Bagaria was the owner and possessor of a plot of land measuring 2 Katha 7.5 Lecha situated at village- Haibar Kissam, Mouza- Nagaon of Nagaon District and out of the aforesaid land, the petitioner’s father obtained a separate patta for a land measuring 1 Katha covered by Dag No. 949 of K.P. Patta No. 58 of village Haibar Kissam and accordingly, separate Patta No. 750 was created with a new Dag being Dag No. 1526 in the year 1997 and final patta was issued in the year 1998.

3. Such issuance of patta was challenged by the predecessor-in-interest of respondent Nos. 4 to 7 by preferring a Revenue Appeal registered as Case No. 108RA(N)/2012 before the Assam Board of Revenue in the year 2012. It is the case projected by the said respondent Nos. 4 to 7, who were appellant before the Assam Board of Revenue, that 5 Lechas of land purchased by their father was also included in the newly created patta in favour of the petitioner’s father.

4. The petitioner had in the meantime, filed a Title Suit which was registered as Title Suit No.13/2012 before the Court of Munsiff No. 1, Nagaon for declaration of right, title and interest and recovery of possession of the said 5 Lechas of land, which according to the petitioner is part of newly created patta. However, the Assam Board of Revenue, by its impugned order dated 20.03.2014 allowed the appeal preferred by the respondent Nos. 4 to 7 without considering the pleadings of Title Suit No. 13/2012.

5. It is submitted by both the learned counsel for the parties that the suit is still pending.

6. From the arguments and material available on record, what is seen is that the respondent Nos. 4 to 7 claims that they are possessing 5 Lechas of lan