CRP 330/2010 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY The decree-holder, being aggrieved by order dated 6th August 2010 passed by the learned executing Court in Title Execution Case No.49/2006, has filed th is revision petition. The predecessor-in-interest of the present petitioner filed Title Suit N o.127/1992 praying for a decree declaring the right, title and interest in respe ct of schedule A land, measuring three bigha one katha & four lecha, comprised i n dag No.662, KP Patta No.290, village Kamakhya, mouza Jalukbari, district Kamru p, and also for recovery of khas possession from schedule B land, measuring two bigha, out of A schedule land with boundary ~ on the east Chakreswar Road, on th e west Kalipur Ashram Road, on north Dhiren Sarma, and on the south other portio n of A schedule land. The suit was decreed in favour of the predecessor-in-inter est of present petitioner and against the present respondents declaring right, t itle and interest in respect of the entire schedule A land and also for recovery of khas possession in respect of schedule B land, which is a part of the schedu le A land. The decree had been put into execution in Title Execution Case No.49/ 2006. During the course of the execution proceeding, certain discrepancies in gi ving the description of the boundary on the northern side were found, and as suc h learned executing Court passed an order on 29th March 2010 changing the northe rn side of boundary from land of Dhiren Sarma to one sarkari land, taking note o f the fact that change of the northern side boundary would not alter the terms o f the original decree with respect to the recovery of khas possession of schedul e B land in dag No.662. By the said order, the Settlement Officer was directed t o cause measurement of schedule B land, after excluding the sarkari dag found on northern side, by observing that the decree is for dag No.662 only and that the schedule B land falls in dag No.662. The said order was put to challenge by the respondents herein/ judgment-debtors in CRP No.135/2010, which was disposed of vide order dated 28th April 2010 directing the learned executing Court to execut e the decree in respect of schedule B land, within dag No.662 of KP Patta No.290 , by holding that boundary on northern side of the schedule B land is sarkari la nd, and not the land of Dhiren Sarma, as was originally described in the plaint. It has also been clarified in the said order that the sarkari land contiguous t o the dag No.662 is not the subject matter of execution. The learned executing Court, thereafter passed the impugned order dated 6th August 2010, relevant portion of which is quoted below: It is therefore, made clear that within the boundaries mentioned in the order dated 29-3-10, the settlement officer shall cause the measurement be done in such a manner, that the land to be delivered does not include the sarkari pa th/dag and after deducting the path, the land which is delivered and the land oc cupied by sarkari dag together does not exceed 2 kathas. I have heard Mr B Sarma, learned counsel for the petitioner as well as M r S Kataki, learned counsel for respondents. Learned counsel for the petitioner, referring to earlier order dated 29t h March 2010 passed by learned executing Court as well as order dated 28th April 2010 passed by a single Bench of this Court in CRP No.135/ 2010, has submitted that learned executing Court, while directing the Settlement Officer to cause th e measurement of the land, ought not to have observed that such measurement shal l be caused in such a manner that the land which is to be delivered to the decre e-holder and the land which is occupied by the sarkari land together does not ex ceed two katha of land. Learned counsel submits that since there is no dispute t hat the dag No.662 comprised of three bigha, one katha & four lecha of land only , which is described in the schedule A, and part of which is schedule B land, wh ich is mentioned as more or less two khata of land, the learned executing Court ought not to have directed the Settlement Officer to cause measurement so that t he land to be delivered and the land occupied by the sarkari dag does not exceed two khatha of land, more so when the right, title and interest of the decree-ho lder was declared in respect of the entire land comprised in dag No.662. Learned counsel for respondents, on the other hand supporting the order dated 6th August 2010, has submitted that as in the original description given i n schedule B land northern side of the schedule was shown as Dhiren Sarma’s land , which was subsequently changed to sarkari land, it goes to show that the land in the schedule B would be less than two katha, and in any case the decree-holde r would not be entitled to more than two katha of land, as was decreed by the le arned Court below. It is not in dispute that the right, title and interest of the decree-ho lder was declared in respect of the entire land, that is, 3B-1K-4L, comprised in dag No.662 of KP Patta No.290, described in schedule A, and the schedule B land is part of the schedule A land. The description of northern side was subsequent ly changed to sarkari land by the learned executing Court vide order dated 29th March 2010, which, though, was challenged by the judgment-debtor in CRP No.135/2 010, a single Bench of this Court, in the order dated 28th April 2010, passed in CRP No.135/2010, clarified that the decree-holder would be entitled to possessi on in respect of the land in dag No.662, and not in respect of any other land, a s in the schedule B, the land measuring more or less two khata, is mentioned. The learned executing Court, that being the position, ought not to have directed the Settlement Officer to cause measurement of the land in such a manne r that the land which is to be delivered and the land occupied by sarkari land d oes not exceed two katha. The effort of the learned executing Court is to ascert ain the exact land in dag No.662, which is being occupied by the judgment-debtor , so as to give effect to the decree passed in the aforesaid suit, since right, title and interest over the entire land comprised in the said dag has been decla red. In view of the above, the direction issued by the learned executing Cour t to the Settlement Officer to cause measurement of the land in such a manner th at the land which is to be delivered and the land occupied by the sarkari land d oes not exceed two katha, is set aside. The learned executing Court shall cause measurement of the land in dag No.662 by the Settlement Officer and thereafter e xecute the decree of recovery of khas possession by evicting the judgment-debtor s from the land found to be under their possession and comprised in dag No.662. The revision is allowed to the extent indicated above. No costs.