Court Dismisses Petitioner's Plea, Emphasizes Importance of Notice to Co-owners in Land Mutation Procedures
In a significant judgment, the Gauhati High Court has upheld the Assam Board of Revenue's decision regarding a land mutation dispute, reiterating the necessity of serving notice to all co-owners in land mutation proceedings. The case, titled "Pual Das v. State of Assam," centered around the mutation of land without notifying one of the co-owners, which was deemed a violation of Section 52 of the Assam Land and Revenue Regulation, 1886.
The petitioner, Pual Das, had initially sought mutation of a land parcel in Satgaon village, following a registered sale deed executed in 2008. However, the mutation was granted by the Circle Officer, Dispur Revenue Circle, without notifying Respondent No.4, a co-owner of the land. This oversight led Respondent No.4 to challenge the mutation order, which was subsequently set aside by the Additional Deputy Commissioner, Kamrup (M), in 2018.
Pual Das's appeal against this decision was dismissed by the Assam Board of Revenue in 2025, prompting him to file a writ petition with the Gauhati High Court. The High Court, presided over by Justice Devashis Baruah, emphasized that the mutation process should adhere to the legal requirements outlined in Section 52, which mandates notice to all parties potentially affected by such changes. The court concluded that the failure to notify Respondent No.4 invalidated the mutation process, thereby affirming the earlier decisions of the Additional Deputy Commissioner and the Assam Board of Revenue.
Despite dismissing the writ petition, the court granted Pual Das the liberty to seek fresh mutation in compliance with legal procedures, ensuring that the petitioner’s rights remain intact for future claims based on the registered sale deed.
This judgment underscores the critical importance of procedural compliance in land mutation cases, particularly the obligation to notify all concerned parties, thereby safeguarding the rights of co-owners.
Bottom line:-
Mutation of land without notice to co-owners is in violation of Section 52 of the Assam Land and Revenue Regulation, 1886. Such mutation can be set aside, but the petitioner is not precluded from seeking fresh mutation.
Statutory provision(s): Section 52 of the Assam Land and Revenue Regulation, 1886, Article 226 of the Constitution of India
Pual Das v. State of Assam, (Gauhati) : Law Finder Doc id # 2940234
