GAUHATI HIGH COURT ISSUES ORDER ON SUMAR ALI AND OTHRS V/S THE STATE OF ASSAM AND OTHRS

GUWAHATI, India, March 10 -- Gauhati High Court issued the following order on Feb. 9:

1. Heard Mr. S.S. Ahmed, the learned counsel appearing on behalf of the petitioners. Mr. S.S. Roy, the learned Government Advocate appears on behalf of the respondent Nos. 2 to 4 and Ms. G. Hazarika, the learned Standing Counsel appears on behalf of the respondent No. 1.

2. The grievance of the petitioners herein is that the petitioners had submitted an application seeking mutation pursuant to the judgment and decree passed by the learned Court of the Civil Judge, Dhubri in Title Appeal No. 37/2011, wherein the right, title, and interest of the predecessor-in-interest of the petitioners were declared in respect to the land in question.

3. It is seen that this Court had sought for instructions vide the order dated 09.01.2026 and Mr. S.S. Roy, the learned Government Advocate appearing on behalf of the respondent Nos. 2, 3, and 4 has placed before this Court an instruction issued by the Circle Officer, Chapar Revenue Circle wherein it is mentioned that the petitioners' application seeking mutation is not available on the RTPS portal of the Circle Office, which may be due to non-payment of the requisite fee or any uploading issue from the petitioners' side.

4. Taking into account the said instruction placed before this Court, the instant application is taken up for disposal at the Motion stage itself.

5. The materials on record show that a suit was filed by one Md. Sayed Ali against one Md. Hasen Ali & Others, which was registered and numbered as Title Suit No. 213/2007. In the said suit, Md. Hasen Ali along with the other defendant filed a counter-claim claiming right, title, and interest in respect to the land in question. Vide the judgment and decree dated 28.02.2011, both the suit and the counter-claim were dismissed.

6. Md. Hasen Ali along with another preferred an Appeal against the judgment and decree dated 28.02.2011 passed in Title Suit No. 213/2007 which was registered and numbered as Title Appeal No. 37/2011. The said Appeal was allowed vide the judgment and decree dated 06.08.2015 passed by the learned Court of the Civil Judge, Dhubri thereby declaring the right, title and interest as well as possession in respect to the suit land in favour of Md. Hasen Ali & Another. It is further seen that pursuant to the said judgment and decree dated 06.08.2015 passed in Title Appeal No. 37/2011, an execution proceeding was initiated which was registered and numbered as Title Execution Case No. 04/2019. The decree was accordingly satisfied upon handing over possession of the decreetal land in favour of the Appellants of Title Appeal No. 37/2011.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv59KPCVKvqg4%2BWzGCKwUEHHnhqzkqDu1b%2FpP%2FZJx4RcQ&caseno=WP(C)/174/2026&cCode=1&cino=GAHC010002332026&state_code=6&appFlag=)

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