Once Land Passbook Is Issued, Allottee Retains Right And Title Until Cancellation: Gauhati High Court

The Gauhati High Court has held that once government-allotted land is transferred and the transfer is approved through issuance of a Land Pass-Book, the allottee continues to hold right and title over the land until the allotment is cancelled or withdrawn by the competent authority.

Justice Anjan Moni Kalita, presiding over the case, observed, “this is not agreeable that the Land Pass-Book is only for the purpose of payment of revenue and fiscal record and not for the purpose of conferring any right, title over the allotted land by the Government. The Land Pass-Book allotted in the instant case cannot be equated with the Jamabandi, Patta or Khata as has been submitted by the learned Senior Counsel appearing for the appellant.”

“the effect that allotment of Government land by issuing a Pass-Book confers or creates absolute title in favour of the allottee. ,” Justice Kalita further held.

As per the factual matrix the case, the respondent had purchased 374.5 sq. metres of the allotted land and that the competent authority subsequently approved the transfer and issued the Government Land Pass-Book in her name. After issuance of the Pass-Book, she constructed an Assam-type house, let it out to tenants and paid land revenue and electricity charges.

The respondent alleged that the appellant thereafter encroached over the allotted land and constructed a wine shop and RCC building, and that the tenants vacated the premises due to continuous threats. The appellant denied the respondent's claim and stated that the transfer and allotment in her favour were not valid and legal. He further stated that he had been in possession of the land and that the respondent was not entitled to the reliefs claimed.

The High Court noted that there was no dispute regarding the respondent's right, title and possession over the land, stating, “since there is no admitted dispute as far as her right, title and possession of the land, the aforesaid case laws unfortunately shall not be applicable to the facts of the instant case.”

Accordingly, the appeal was dismissed.

Case Title: Dabin Soki @ Tabin Soki vs. Smti. Yama Yekar

Case Number: RSA/4/2024

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