GAHC010031372024 2025:GAU-AS:14860

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/911/2024

CHANDRAPUR COOPERATIVE COLECTIVE FARMING SOCIETY LTD AND

ANR

REPRESENTED BY SRI SANJAY CHAUHAN S/O LATE KALI KR. CHAUHAN,

AGED ABOUT 46 YEARS, THE PRESIDENT OF CHANDRAPUR

COOPERATIVE COLLECTIVE FARMING SOCITY LTD, HOJAI, RESIDENT OF

VILLAGE - PUB DHANIRAM PATHAR, P.O- TELIBASTI, HOJAI, P.S- HOJAI,

DISTRICT- HOJAI, ASSAM, PIN - 782435.

2: SRI BROJA KISHOR SINGHA

S/O LATE BROJA CHAND SINGHA

SECRETARY CHANDRAPUR COLLECTIVE FARMING SOCITY LTD.

HOJAI

RESIDENT OF VILLAGE GOCHORA BASTI

HOJAI

P.O- GOLAGHATIA BASTI

P.S- HOJAI

DISTRICT- HOJAI

ASSAM

PIN - 782435

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,

REVENUE DEPARTMENT, DISPUR, GUWAHATI -06

2:DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM

REVENUE DEPARTMENT

DISPUR

GUWAHATI 06

3:THE DEPUTY COMMISSIONER

DISTRICT - HOJAI ASSAM.

4:THE CIRCLE OFFICER HOJAI REVENUE CIRCLE HOJAI SANKAR DEV NAGAR ASSAM Advocate for the Petitioner : MRS. P BARMAN (BORKAKOTI), MR. S K SINGH Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER

04-11-2025

1. Heard Ms. P. Barman, learned counsel for the petitioners and Mr. R. Borpujari, learned Standing counsel, Revenue Department for the respondent Nos.1, 2 & 4. Also heard Mr. A. Bhattacharjee, learned State counsel for the respondent No. 3.

2. The present writ petition is filed along with the prayers, which are quoted hereinbelow:-

“In the premises aforesaid, it is most respectfully prayed that, your Lordships may be pleased to admit this Petition, call for the records of the case, issue a Rule, calling upon the Respondents to show cause as to why a Writ in the nature of Mandamus should not be issued, directing the Respondent Authorities to dispose the Representations submitted by the Petitioner till date and also be pleased to pass an Order directing the Respondent Authorities to issue patta of the land covered by Dag No. 346 measuring about 300 bighas under Golaghatia Village Grazing Reserve of Hojai Mouza to the Petitioner Society and on cause or causes being shown and after hearing the parties your Lordships may be pleased to make the Rule absolute and/or may be pleased to pass such further order or orders as your Lordships may deem fit and proper.”

3. The background facts as pleaded by the petitioners are to the effect that by a communication dated 08.06.1962, the Under Secretary to the Government of Assam in the Revenue (Settlement) Department, Grazing Branch, Shillong intimated the then Deputy Commissioner, Nowgong in reference to the communication dated 18.05.1962 that the Governor of Assam has sanctioned to temporarily throwing open of 300 Bihgas of land of Golaghatia Village grazing ground under Hojai Mouza in a compact block for a period of three years for cultivation by Sri Chandra Singh and 25 others and Shri Chandar Kanta Gohain and 12 others.

4. Subsequently, by another communication dated 26.09.1966, the Deputy Secretary to the Government of Assam intimated the Deputy Commissioner, Nowgong that the Governor of Assam sanctioned de-reservation of an area of 300 Bighas of land from Golaghatia Village Grazing Reserve of Hojai Mouza for settlement with the Chandrapur Co- operative Collective Farming Society Ltd. as per proposal of the Deputy Commissioner, Nowgong.

5. The petitioners herein claim to be the said Chandrapur Co-operative Collective Farming Society and its Secretary and according to them, they are continuing cultivation. However, even after de-reservation of the land in question, no patta has been issued in their favour. Accordingly, the petitioners preferred representation, which is remained unattended.

6. On the other hand, the State respondent raised an objection to the effect that though the name of the society in the order of de-reservation recorded as Chandrapur Co- operative Collective Farming Society Ltd. and the registration n