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Assam Field Partition Office: Your Complete Legal Guide
Land disputes over field partition in Assam are common, especially among co-owners seeking to divide jointly held property. If you're searching for Field Partition Office Partition Assam, you're likely navigating the complex procedures under the Assam Land and Revenue Regulation, 1886 (ALLR). This guide breaks down the process, key legal provisions, roles of revenue authorities like the Field Partition Office, and insights from landmark judgments.
Important Disclaimer: This is general information based on legal precedents and statutes. It is not legal advice. Consult a qualified lawyer for your specific situation, as outcomes depend on individual facts.
What is Field Partition in Assam?
Field partition refers to the physical division of land among co-sharers, typically handled by revenue authorities rather than civil courts in most cases. Assam's system distinguishes between:
- Perfect Partition: A complete revenue partition affecting records, khatians, and tax liabilities. Governed by Chapter VI of ALLR (Sections 97-110). The Deputy Commissioner or designated officers oversee this, with Field Kanungos conducting on-ground demarcation. Amar Nath Kumar VS Mrinal Kanti Khullar - 2008 Supreme(Gau) 669
- Imperfect Partition: A preliminary division without altering revenue records, requiring actual possession and co-sharer consent. Abdul Rejak Laskar VS Mafizur Rahman - 2024 Supreme(SC) 1232
The Field Partition Office (often under Circle Offices or Deputy Commissioner setups) executes the spot partition after preliminary approvals. On completion, a proclamation is published. Amar Nath Kumar VS Mrinal Kanti Khullar - 2008 Supreme(Gau) 669
Key Steps in Field Partition Process
- Application: File with Circle Officer or Deputy Commissioner under Section 97 ALLR for perfect partition.
- Notice and Hearing: Co-sharers are notified; objections heard.
- Field Verification: Field Kanungo measures and proposes division.
- Confirmation: Assistant Collector sanctions; final proclamation issued. Sukhdev Singh Parmar vs Financial Commissioner (Appeals) - 2025 Supreme(HP) 700
- Mutation: Records updated post-partition. Dipak Kumar Choudhury VS State of Assam and Ors. - 2014 Supreme(Gau) 353
Legal Framework: Assam Land & Revenue Regulation, 1886
The ALLR is the cornerstone. Section 97 allows co-sharers to apply for partition of revenue-paying estates. Section 53 governs mutations, with appeals under Section 53A(2). Section 151 is a revisional power but not for bypassing specific remedies. Dipak Kumar Choudhury VS State of Assam and Ors. - 2014 Supreme(Gau) 353
- Section 154(1)(e) bars civil court jurisdiction if the suit involves partition without possession or co-sharer consent for imperfect partition. Courts have quashed civil decrees where plaintiffs lacked possession. Abdul Rejak Laskar VS Mafizur Rahman - 2024 Supreme(SC) 1232
- Regulation 116/116A: Enables execution of civil court partition decrees by revenue authorities, including khatian cancellation. Amar Nath Kumar & Ors. VS Mrinal Kanti Khullar & Ors. - 2015 Supreme(Gau) 1281 Amar Nath Kumar VS Mrinal Kanti Khullar - 2008 Supreme(Gau) 669
The actual partition of revenue-paying estates must necessarily be made according to the provisions of the Assam Land Revenue Regulation. Abdul Rejak Laskar VS Mafizur Rahman - 2024 Supreme(SC) 1232
Role of Field Partition Office and Revenue Authorities
The Field Partition Office handles on-site demarcation:
- Field Kanungo: Records statements, measures land, proposes mode of partition. Consent during proceedings binds parties. Hira Singh Chandel vs State of Himachal Pradesh - 2025 Supreme(HP) 857
- Assistant Collector: Confirms partition after spot verification. Sukhdev Singh Parmar vs Financial Commissioner (Appeals) - 2025 Supreme(HP) 700
- Deputy Commissioner: Publishes proclamation, oversees execution. Amar Nath Kumar VS Mrinal Kanti Khullar - 2008 Supreme(Gau) 669
In one case, a petitioner's consent recorded on 22.07.2014 estopped claims of procedural irregularity. Hira Singh Chandel vs State of Himachal Pradesh - 2025 Supreme(HP) 857
Common Challenges and Judicial Remedies
- Mutation Disputes: Challenge under Section 53A(2), not Section 151. Settlement Officers can't declare title without basis. Assam Board of Revenue often quashes improper mutations. Dipak Kumar Choudhury VS State of Assam and Ors. - 2014 Supreme(Gau) 353
- Civil Court Bar: No jurisdiction under Section 154(1)(e) if not in possession. Appeal to higher revenue courts first. Abdul Rejak Laskar VS Mafizur Rahman - 2024 Supreme(SC) 1232
- Alternative Remedy: Use Assam Right to Public Services Act, 2012 for demarcation/partition before writ petitions. Courts dismiss writs if statutory remedies ignored. MUNIBOR KOCH DEKA @ MUNIBOR DEKA vs THE STATE OF ASSAM AND 2 ORS. - 2025 Supreme(Online)(Gau) 5178
Example: In a writ petition, the court directed pursuing public service notification for perfect partition instead of direct Article 226 relief. MUNIBOR KOCH DEKA @ MUNIBOR DEKA vs THE STATE OF ASSAM AND 2 ORS. - 2025 Supreme(Online)(Gau) 8244
Landmark Judgments on Field Partition
Several Gauhati High Court rulings clarify procedures:
| Case ID | Key Holding |
|---------|-------------|
| Amar Nath Kumar VS Mrinal Kanti Khullar - 2008 Supreme(Gau) 669 | Finality of civil decrees entitles execution under Reg. 116A; cancel conflicting khatians. |
| Amar Nath Kumar & Ors. VS Mrinal Kanti Khullar & Ors. - 2015 Supreme(Gau) 1281 | Revenue Board can direct physical possession post-partition, even evicting occupants. |
| Musst. Sarijan Bewa Alias Must. Sarijon Bewa Alias Sajiron Bewa, W/o. Late Bhelka Sheikh vs State of Assam, Represented By The Commissioner And Secretary To The Govt Of Assam, Land And Revenue Department - 2026 Supreme(Gau) 424 | Legal title + possession required for mutation; dismiss without proof. |
| Abdul Rejak Laskar VS Mafizur Rahman - 2024 Supreme(SC) 1232 | Civil suit barred u/s 154(1)(e) without possession for imperfect partition. |
| Legal Heirs of Jadab Chandra Paul VS Keshab Chandra Paul - 2021 Supreme(Gau) 398 | Prove recorded proprietor status for Collector partition; no substantial question if law settled. |
In such a situation... the District Revenue Authority must put the respondents... in actual physical possession... by evicting appellants. Amar Nath Kumar & Ors. VS Mrinal Kanti Khullar & Ors. - 2015 Supreme(Gau) 1281
Statutory Remedies Before Courts
Exhaust revenue hierarchy:
1. Circle Officer/Deputy Commissioner.
2. Appeal to Collector/Settlement Officer.
3. Revision to Assam Board of Revenue.
4. Writ under Article 226 only if procedural illegality. On the death of Rani Singha her legal heirs Smti. Shikha Das VS Madhu Sudan Koiri - 2016 Supreme(Gau) 5
Courts won't interfere in quasi-judicial decisions absent glaring errors. Participation and consent waive natural justice claims. Hira Singh Chandel vs State of Himachal Pradesh - 2025 Supreme(HP) 857
Public Services Angle
Under Assam Right to Public Services Act, demarcation and perfect partition are notified services. Apply via designated portals/apps for time-bound delivery. Courts mandate this first. MUNIBOR KOCH DEKA @ MUNIBOR DEKA vs THE STATE OF ASSAM AND 2 ORS. - 2025 Supreme(Online)(Gau) 5178 MUNIBOR KOCH DEKA @ MUNIBOR DEKA vs THE STATE OF ASSAM AND 2 ORS. - 2025 Supreme(Online)(Gau) 8244
Practical Tips for Successful Partition
- Gather Documents: Pattas, khatians, sale deeds proving title/possession.
- Seek Consent: Mode of partition signed by co-sharers strengthens case.
- File Timely: Avoid limitation bars.
- Avoid Civil Suits Initially: Revenue route faster for field partitions.
- Post-Partition: Apply for mutation promptly.
Conclusion: Key Takeaways
- Field Partition Office in Assam executes physical division under ALLR, led by Field Kanungos and Deputy Commissioners.
- Prioritize revenue remedies; civil courts often barred u/s 154.
- Consent in proceedings binds you; challenge via appeals, not writs casually.
- Leverage Public Services Act for efficiency.
Navigating Assam's field partition requires understanding revenue procedures. For complex cases involving title disputes or post-partition execution, professional guidance is essential. Stay informed, act promptly, and respect the statutory framework to resolve land partitions effectively.
Word of Caution: Laws evolve; check latest notifications. This overview draws from established precedents but isn't exhaustive.
Sources: Gauhati High Court judgments and ALLR provisions as cited.
Search Results for "Assam Field Partition Office: Complete Legal Guide"
1986 0 Supreme(SC) 115 • India - Supreme Court
D.P.MADAN, A.P.SEN
HELD TO BE “STATE” - IT IS NOT THAT ONLY WHERE ARTICLE 14 APPLIES THE RULES OF NATURAL JUSTICE COME INTO PLAY - GOVERNMENT COMPANY ... if there is an instrumentality or agency of the State which has assumed the garb of a Government Company as defined under this ... It is nothing but the Government operating behind a corporate veil, carrying out a governmental activity and governmental functions ... After partition and fresh elections in the new Provinces of West Bengal and East Punja....
1992 0 Supreme(SC) 830 • India - Supreme Court
KULDIP SINGH, T. K. THOMMEN, S. R. PANDIAN, R. M. SAHAI, P. B. SAWANT, M. H. KANIA, B. P. JEEVAN REDDY, A. M. AHMADI, M. N. VENKATACHALIAH
to fashion the instrument of change - the Constitution of India – They did not rest content with evolving the framework of the State ... which-is constitutional in nature or has potential of constitutional repercussions – Constitutional bar under Article 16(2) against state ... [See : pp. 218-220 of Pakistan or Partition of India by Dr. B. R. Ambedkar.) ... High Court. ... High Court or other Court or Tribunal.
1979 0 Supreme(SC) 496 • India - Supreme Court
A.D.KOSHAL, D.A.DESAI, V.R.KRISHNA IYER
in Workmen of Sudder Office Cirnamare v. ... that be the test the deeply embedded rules to issue certiorari or the traditional grounds to set aside an arbitration award, 'thin partition ... The slightly different observation in Workmen of Sudder Office Cinnamare v.
2017 5 Supreme 577 • India - Supreme Court
JAGDISH SINGH KHEHAR, KURIAN JOSEPH, ROHINTON FALI NARIMAN, UDAY UMESH LALIT, S. ABDUL NAZEER
personal laws and not to find fault therewith – Interference in matters of personal law is clearly beyond judicial examination – Judiciary ... ... Findings of Court: ...
court ... office as such judge.” ... issues such as marriage and divorce, infants and minors, adoptions, wills, intestacy and succession, joint family property and partition ... Schedul....
2006 7 Supreme 44 • India - Supreme Court
P. K. BALASUBRAMANYAN, C. K. THAKKER, S. H. KAPADIA, Y. K. SABHARWAL, K. G. BALAKRISHNAN
Court. ... 250 during "emergency"; vesting the President with the power under Article 258(1) to entrust a State Government, with consent of ... Legislatures; the authority to Parliament to legislate in a field covered by the State under Article 252 only with the consent of ... The chief mark of federalism, as I said lies in the partition of the legislative and executive authority between the Centre and the ... office. ... for purposes of the former office#HL....
2018 0 Supreme(Gau) 1650 • India - Gauhati
KALYAN RAI SURANA
as Assistant Engineer in place of the petitioner and the petitioner was transferred to the Office of the Superintending Engineer ... State of Assam, 2005 (4) GLT 371, has held that a transfer order issued only to accommodate another person and that too without affording ... , Itanagar – By the said order, the private respondent No. 3, namely, Sri Gumila Singhpho was retained at Khonsa Civil Sub-Division ... As a result, the office order under Memo. N....
2008 0 Supreme(Gau) 669 • India - Gauhati
BIPLAB KUMAR SHARMA
of a partition prayer and cancel a Khatian issued under the Assam Tenancy Act, 1971. ... Partition - Assam Land and Revenue Regulation - Section 54, Order XX, Rule 18(1) and (2) of the Code of Civil Procedure - Regulation ... the partition. ... -On completion of a partition the Deputy Commissioner shall publish a proclamation of the fact at his office and at some conspicuous ... The application be....
2015 0 Supreme(Gau) 1281 • India - Gauhati
K.SREEDHAR RAO, P.K.SAIKIA
Code of Civil Procedure, 1908 - Section 2(2) - Order 20 Rule 18 - Assam Land & Revenue Regulation, 1886 ... to put the respondents herein in actual physical possession of the land in question on invoking the provision of Article 116A of ... and order, passed by the learned Single Judge in WP dismissing the proceeding on holding that the judgment, rendered by the Board of ... Proclamation of partition-On completion of a partition the....
2016 0 Supreme(Gau) 5 • India - Gauhati
SUMAN SHYAM
partition under Chapter-VI of Assam Land and Revenue Regulation operates in a different field as compared to exercise of power under ... focuses on duties to be performed by revenue authorities under Section 110 of Regulations while making perfect partition of a revenue ... does not deal with partition under Section 54 of Civil Procedure Code as per declaration made by a civil court decree but merely ... ... #HL_S....
2015 0 Supreme(Gau) 422 • India - Gauhati
P.K.SAIKIA
Evidence Act - Section 85 – Eviction - Suit of plaintiffs - Rendered by Civil Judge - Appeal is directed ... defendant being taken by surprise by plea aforesaid does not arise at all - In face of such revelations it needs to be concluded ... such a plea was invented not by plaintiffs but by defendant which is however vehemently disputed by plaintiffs - Being so question of ... using it as office of the SIB. ... Bani Hazarika the property will be bequeathed to Govt. of India for using a....
2025 Supreme(Online)(Gau) 9142 • India - High Court of Gauhati
MR. JUSTICE SANJAY KUMAR MEDHI
MUNNI GUPTA D/O- BHAGWAN PRASOD R/O- PM DUTTA ROAD WARD NO.2 NEAR REGISTRAR OFFICE DHUBRI P.O.-DHUBRI PIN-783301 ASSAM4.4:SMTI BABLI GUPTA D/O- LATE BHAGWAN PRASOD R/O- PM DUTTA ROAD WARD NO.2 NEAR REGISTRAR OFFICE DHUBRI P.O. ... -DHUBRI PIN-783301 ASSAM5:SANKAR PROSAD S/O- LATE KAMAL PROSAD SHAH R/O- PM DUTTA ROAD WARD NO.2 NEAR REGISTRAR OFFICE DHUBRI P.O. ... -DHUBRI PIN-783301 ASSAM4.2:SHRI ARUN PRASAD S/O- LATE BHAGWAN PROSAD R/O- PM DUTTA ROAD WARD NO.2 NEAR REGISTRAR ....
2025 Supreme(Online)(Gau) 5178 • India - Gauhati High Court
MR. JUSTICE MANISH CHOUDHURY, J
By an Office Memorandum bearing no. RRG.18/2017/Pt/163 dated 21.12.2020 of the Government of Assam in the Revenue and Disaster Management [Reforms] Department, demarcation has been declared to be a notified service under Section 4 of the Act. ... Baruah have both submitted that both the matters of demarcation and perfect partition are public services, which come within the ambit and scope of the Assam Right to Public Services Act, 2012, as amended. ... If it is a case of simple demarcation and perfect partition....
2024 0 Supreme(SC) 1232 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
Whether the plaintiff/respondent is entitled to get partition of the land being under Section 97 of Assam Land Revenue Regulation?B. Whether the suit is barred under Section 154 of the Assam Land Revenue Regulation?” t. ... State of Assam and Ors. reported in 1989 (1) G.L.J. 37 and Gauri Shankar Agarwalla v. ... The actual partition of revenue-paying estates must necessarily be made according to the provisions of the Assam Land Revenue Regulation.”(Emphasis supplied) 54. ... As the pla....
2021 0 Supreme(Gau) 398 • India - Gauhati
KALYAN RAI SURANA
partition of the estate subject to limitations provided therein. ... State of Assam, (1995) ILR 7 Assam 201 it was held by a Division Bench of this Court that S. 154(1)(a) of the Assam Land and Revenue Regulation is somewhat loosely worded, but it should not be so broadly constructed as to debar suits involving questions of title from the purview of Civil Courts, merely ... to a preliminary decree as per Order XX Rule 18(2) of CPC that the Collector was required to determine the share as there was a two storied #HL_START....
2025 Supreme(Online)(Gau) 8244 • India - High Court of Gauhati
MR. JUSTICE MANISH CHOUDHURY
If it is a case of simple demarcation and perfect partition, as it has been projected by the petitioner, the petitioner should avail the remedy by applying for the notified public services [demarcation and perfect partition] under the Assam Rights to Public Services Act first by approaching jurisdictional ... Office Memorandum Subject: Declaration of services under Revenue & D.M. Department as per provision of the Section 4 of the Assam Right to Public Service Act, 2012. ... For ready reference, the co....
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