GAHC010197812022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6360/2022 PAWAN KUMAR JALAN S/O- LATE BASUDEO JALAN, R/O- 3E, JAGDISHWAR ENCLAVE, R.G.

BARUAH ROAD, ZOO ROAD, GUWAHATI, PIN- 781005, DIST. KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS.

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF REVENUE, DISPUR, GUWAHATI-781006.

2:THE DEPUTY COMMISSIONER KAMRUP (METRO)

GUWAHATI ASSAM

3:THE SETTLEMENT OFFICER GUWAHATI RE-SETTLEMENT OPERATION GUWAHATI ASSA Advocate for the Petitioner : MS M HAZARIKA, MS. S NEWAR,MR D KHAN Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 10.02.2026 Heard Ms. M. Hazarika, learned Senior Counsel, assisted by Ms.

S. Chetry, learned counsel, appearing for the petitioner. Also heard Mr. A. Bhattacharjee, learned Standing Counsel, Revenue and Disaster Management, appearing for the respondent no.1 and Mr. H. Sarma, learned Additional Senior Government Advocate, appearing for the respondent nos.2 & 3.

2. The petitioner, in the present writ proceeding has presented a challenge to an order dated 08.05.2008 passed by the Settlement Officer, Guwahati, in Misc Case No.95/07-08 cancelling the mutation effected of the name of the petitioner by the Assistant Settlement Officer, in respect of the lands purchased by the petitioner from M/s Tea Leaf Growers and Manufacturing Company Pvt. Ltd.

3. M/s Tea Leaf Growers and Manufacturing Company Pvt. Ltd was settled with Government land for establishment of a Training Institute for Tea cultivation, manufacture and allied knowledge. 26 bighas, 7 lechas land was so allotted to the said company at a concessional premium. The said Company transferred 5 bighas of land on 31.12.2004 to the petitioner herein, by way of a registered Sale Deed. On the land being transferred in the name of the petitioner, the petitioner applied for mutation of his name against the plot of land now brought by him from the said company. The said mutation application was allowed and the name of the petitioner was incorporated in the land records. Thereafter, the petitioner, herein, applied before the Deputy Commissioner (Kamrup), for permission to sale the said plot of land purchased from the above noted Company, to 7 (seven) other purchasers. The said permission was granted by the Deputy Commissioner (Kamrup) vide an order dated 23.09.2005. The petitioner, herein, thereafter applied before the Guwahati Metropolitan Development Authority(GMDA) seeking permission to transfer the land bought from the said Company to 7 (seven) others individuals.

The GMDA authorities on examination of the matter issued a No Objection Certificate (NOC) dated 29.11.2005 to the petitioner, herein, for the purpose of sale for the said parcel of land. Accordingly, the petitioner, herein, executed Sale Deed in favour of the 7 (seven) other purchasers, thereby, transferring the land which was originally bought by him from the said Company.

It is seen that out of the 7 (seven) purchasers of the land few of the purchasers had also got their names mutated in the Jamabandi. However, basing on a Government circular dated 05.12.2006, the Settlement Officer, Guwahati, in Misc. Case No.95/07-08 proceeded to cancel the mutation of the land originally belonging to the M/s Tea Leaf Growers and Manufacturing Pvt. Ltd sold to the petitioner, herein, which was again sold to others, on the ground that such sale of land originally by the said Company was in violation of the norms set out in the said circular dated 05.12.2006. The petitioner on coming to learn of the said developments taking place in the matter and also the deletion of his name from the Jamabandi, has instituted in the present proceedings.

4. Ms. M. Hazarika, learned Senior Counsel, by reiterating the facts noticed, hereinabove, has submitted at the outset that the cancellation of the names of the petitioner from the Jamab