The Gauhati High Court has held that once a “Land Pass-Book” is issued in respect of government-allotted land, the allottee retains the right, title, and interest in that land until the allotment is formally cancelled by a competent authority. This ruling arose from a dispute over a plot of land measuring 374.5 square metres, originally allotted by the government and later transferred to a private individual. The transfer was approved and a Land Pass-Book was issued in her name, which she relied upon to construct a house, let it out, and pay land revenue and electricity charges — thereby treating the land as her own.
A challenge was raised by another party claiming that the transfer and allotment were invalid and that the allottee had no right to claim ownership. However, the High Court, in a judgment delivered by Justice Anjan Moni Kalita, rejected this challenge. The Court emphasised that the Land Pass-Book issued by competent government authorities does not merely serve as a fiscal record or revenue-related document, but functions as conferment of ownership title. The Court expressly stated that such a pass-book cannot be equated with mere revenue records (such as jamabandi, patta, or khata) when it comes to establishing right and title over allotted government land.
The Court observed that the respondent’s right, title, and possession remained unchallenged and there was no genuine dispute about her entitlement to the land once the authorities had granted and registered the allotment. On this basis, the Court dismissed the appeal lodged against her, holding that there was no justification to disturb her legally acquired title. In so doing, it reaffirmed that allotments of government-land followed by issuance of a proper pass-book create absolute title in favour of the allottee, and such title cannot be arbitrarily nullified unless the lawfully prescribed process of cancellation is invoked by competent authorities.
This ruling has implications for allotment jurisprudence in land disputes: it underscores that government land allotments — once regularised by issuance of pass-books — vest ownership rights in the allottee that enjoy constitutional and legal protection, preventing third parties or later claimants from challenging such rights without an appropriate and valid cancellation proceeding.
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