Court Directs Petitioners to Seek Remedy in Civil Court for Title Disputes
In a significant judgment, the Gauhati High Court, presided over by Justice Manish Choudhury, has emphasized that mutation entries in revenue records do not establish or nullify ownership of property. The case, titled Kashem Ali SK v. State of Assam, revolved around a dispute concerning land used as a graveyard in Gauripur Town. The petitioners, representing the Gauripur Town Kaborsthan Committee, claimed title over a plot of land based on adverse possession and waqf by user.
The court reiterated that mutation entries are relevant solely for fiscal purposes, such as the collection of land revenue, and do not hold presumptive value in determining property title. In its judgment dated July 22, 2026, the court highlighted that disputes over land title, including claims of adverse possession, must be resolved by a competent civil court, not revenue authorities.
The petitioners had approached the High Court challenging an order by the Circle Officer, which canceled an earlier mutation of land in favor of the graveyard. They argued that the order was passed without proper jurisdiction and while a related title suit was pending in the civil court. However, the High Court found that the petitioner’s contentions were misplaced, as the revenue authority's actions did not adjudicate the title but were limited to fiscal records.
Additionally, the court noted that any orders obtained through fraud are null and void in the eyes of the law and can be contested in various legal forums, including appeals and revisions. The court observed that the petitioners had an alternate statutory remedy available under Section 147 of the Assam Land and Revenue Regulation, 1886, and directed them to pursue this route instead of a writ petition.
The High Court's decision reinforces the principle that the determination of property title is a matter for civil courts, providing clarity on the jurisdictional boundaries between revenue authorities and judicial forums.
Bottom line:-
Mutation entries in revenue records do not create or extinguish title to property, nor do they have any presumptive value on title. Title disputes must be adjudicated by a competent civil court.
Statutory provision(s): Assam Land and Revenue Regulation, 1886
Kashem Ali SK v. State of Assam, (Gauhati) : Law Finder Doc id # 2946689
