WP(C) 2250/2008 BEFORE THE HON’BLE MR. JUSTICE HN SARMA Heard Mr. A. M. Mauzumdar, learned senior counsel, assisted by Mr. M. U. Mondal, learned counsel for the petitioner and Mr. H. Rahman, learned Governmen t Advocate, appearing on behalf of the State respondents. Also heard Mr. N. Alam , learned counsel for private respondent Nos. 4 and 5. The writ petitioner being one of the co-owners in respect of the dispute d land covered by Dag No. 463 in K.P. Patta No. 382 under town Sarania part-I in the Ulubari Mouza of District- Kamarup, Assam, has filed an application for par tition before the learned Deputy Commissioner, Kamrup, Guwahati, which has been registered as Partition Case No. 369/02-03. The grievance of the petitioner is t hat the matter is pending for last 5/6 years without any progress and accordingl y he prays for a direction for disposal of the said partition case by the learne d Deputy Commissioner in accordance with law. Mr. Alam, learned counsel for the private respondent Nos. 4 and 5 has po inted out that a Title Suit being T.S. No. 124/2007 is pending in the court of t he learned Civil Judge (Junior Division No. 3), Guwahati in which respondent Nos . 4 and 5 as well as the present petitioner are arrayed as parties, in fact, the petitioner is impleaded as defendant No.1 and written statement has been filed by the respondent No. 5 and others. Respondent No. 4 is impleaded as defendant N o. 2. One of the prayers in the said suit is for decree of declaration that the plaintiffs and defendants are joint owners of the suit land and the defendants h ave no saleable right, title and interest over the suit land. The suit land in s chedule of the plaint is an area of land measuring 4.15 Are covered by Dag No. 4 63 and K.P. Patta No. 382 under town under town Sarania part-I in Ulubari Mouza , district- Kamarup, Assam. In the said suit, an ad-interim injunction has been granted by the learned trial Court in Misc. (J) Case No. 93/2007 wherein the dep endents have been restrained from selling any portion of the suit land to any pe rson till disposal of the suit vide order dated 5.9.2007. In a Title Suit No. 8 of 1994 filed by the present petitioner and one M ohendra Prasad Chouhan filed in the court of the Civil Judge (Jr. Divn) No. 4, G uwahati decreed the suit declaring right, title and interest over the 400 Sq. fe et of land, which is a part of the land described in schedule of title Suit No. 124/2007 is admitted by the parties. Learned counsel for the petitioner submits that the petitioner will strictly abide by the order of injunction passed by the learned trial court and will not sell transfer any portion of the schedule land as injuncted. Mr. Alam, learned counsel for the private respondent No. 4 and 5 on the other hand submits that although the petitioner has got right, title and interes t only in respect of the 400 sq. feet of land claiming the entire suit land in t he application for partition. In fact, a copy of the said partition application has been annexed as Annexure-1 to the writ petition and is stated at column 4 - Interest of applicant over the land and quantity of the partition as Part-1/7 = .59 Centi Are out of 4.15 Centi Are or 4 ‰ lechas of land. The petitioner cla iming his right in respect of the said 400 sq. feet, which is in fact, admitted by the learned counsel for the private respondent Nos. 4 and 5, and the partitio n is sought in respect thereto. In view of the above factual position, the writ petition is disposed of with direction that the Additional Deputy Commissioner (Revenue), Kamrup, Guwaha ti shall proceed with the partition case No. 369/2002-03 filed by the petitioner and dispose the same in accordance with law taking note of enclose fact. While considering the case of the petitioner, the learned Additional Deputy Commission er shall take note of the rights of the petitioner as admitted by the respondent No. 4 and 5 in the judgment of Title Suit No. 8 of 1994 dated 13.10.1999. He shall also give adequate opportunity to the other party to file their case and c onsider the same. Since the matter is pending since 5/6 years, the learned Addit ional D.C. (Revenue), Kamrup is directed to dispose of the matter expeditiously and in accordance with law. With the above directions, this writ petition stands disposed of finally .