An appellate or revisional court, when exercising review jurisdiction, cannot expand the scope of the original proceedings to adjudicate upon land plots not constituting the subject matter of the initial dispute, and must adhere to principles of natural justice by providing notice to affected parties.

JUDGMENT AND ORDER (ORAL)

Heard Mr. M. Hussain, the learned counsel appearing on behalf of the Petitioners in all the writ petitions. Mr. J. Handique, the learned counsel appears on behalf of the Respondent No.1; Ms. U. Das, the learned counsel appears on behalf of the Respondent Nos.2 to 5 and Mr. J. Roy, the learned Senior Counsel assisted by Mr. S. Sarmah, the learned counsel appears on behalf of the Respondent Nos.7 to 12 in all the writ petitions.

2. The four writ petitions which are presently taken up for disposal by this common judgment and order assail the order dated 07.01.2025 passed by the learned Assam Board of Revenue in Case No.5RA(DBR)(RVW)/2022.

3. The Petitioners in WP(C) No.344/2025 and WP(C) No.443/2025 are the Khatiandars of various plots of land. The said petitioners have been issued Khatian No.80 over a land admeasuring 12 bighas 1 katha 15 lechas covered by Dag No.27 of Patta No.79 under village Dumardaha Part II within the Golokganj Revenue Circle in the district of Dhubri, Assam. The said petitioners have also been issued a Khatian being Khatian No.77 over a plot of land admeasuring 24 bighas 2 katha 5 lechas covered by Dag No.31 of Patta No.79 of village Dumardaha Part II under the Golokganj Revenue Circle in the district of Dhubri, Assam.

4. The Petitioners in WP(C) No.683/2025 have been issued a Khatian being Khatian No.60 over a plot of land admeasuring 3 bighas 1 katha 15 lechas covered by Dag No.28 under KP Patta No.79 of village Dumardaha Part II under Mouza-Golakganj in the district of Dhubri, Assam.

5. The writ Petitioner in WP(C) No.678/2025 had purchased the land from the son of the Khatiandar admeasuring 1 bigha 2 kathas 17 lechas under Khatian No.19 of Dag No.40 under Khiraj Patta No.79 of village Dumardaha Part II within the Golokganj Revenue Circle in the district of Dhubri, Assam.

It has been submitted by Mr. M. Hussain, the learned counsel appearing on behalf of the Petitioners that all the lands are presently within the Gauripur Revenue Circle in the district of Dhubri, Assam.

6. The records reveal that the Private Respondents filed an application before the Settlement Officer, Dhubri on 17.04.2012 which was registered as Misc. Case No.06/2012-13 seeking deletion of the names of some of the pattadars and the rayoti Khatiandars recorded in the survey record and the correction of the survey records. A perusal of the application which is Annexure-A to the Additional Affidavit filed by the Petitioners in WP(C) No.344/2025 would show that the Private Respondents sought the deletion of the names of Smti. Jayasree Gogoi and Smti. Subasree Gogoi whose names have been shown as pattadars and the names of the Petitioners in WP(C) Nos.344/2025 and WP(C) No.443/2025. The said application further mentions the land wherein such deletion was sought, i.e. the land admeasuring 24 bighas 2 kathas 5 lechas covered by Dag No.2/163(old)/31(new) under village Dumardaha Part-II under Golokganj Revenue Circle which was covered by Rayoti Khatian No.77.

7. Pursuant to the said application, proceedings were initiated by the Settlement Officer, Golokganj Revenue Circle by passing an order on 17.04.2012. On 28.05.2012, the Assistant Settlement Officer disposed of Misc. Case No.06/2012-13 striking out the names of the pattadars, namely, Smti. Jayasree Gogoi and Smti. Subasree Gogoi as well as the names of the Petitioners in WP(C) No.344/2025 and WP(C) No.443/2025 in so far as the land admeasuring 24 bighas 2 kathas 4 lechas covered by Khatian No.77, Dag No. 2/163(old)/31