Jahadul Hoque and 4 Ors v. The State of Assam and 3 Ors

ORDER Date : 12-02-2024 Heard Mr. B.D. Konwar, learned Senior Counsel assisted by Ms. S. Jain, learned counsel for the petitioners; Mr. J. Handique, learned Standing Counsel, Revenue Department for the respondent nos. 1 & 4; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2 & 3.

¶2The petitioners, 5 [five] in nos., have approached this Court stating that they have a common cause of action. It is the case of the petitioners that they are in occupation of Page No. 3/4 Government plots of land since last about 60 years, constructing dwelling houses etc. thereon. The petitioners have stated that they have been paying Touzi Bahira revenue in respect of the plots of land they are occupying individually. The plots of lands are situated at Village – Hasila Bill, Balijana Revenue Circle, District – Goalpara. The petitioners have approached this Court on receipt of an eviction notice dated 28.12.2023 issued under the hand of the respondent no. 3, that is, the Assistant Settlement Officer, Balijana Revenue Circle, District – Goalpara.

¶3The said eviction notice is assailed on a number of counts, firstly, there is no mention in the impugned eviction notice about statutory provisions under which the respondent no. 3 has exercised the right to issue such an eviction notice; secondly, there is no mention in the eviction notice about the land details/particulars from which the petitioners have been sought to be evicted; and thirdly, under the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886, it is the authority who comes within the definition provided in Section 3[m] of the Assam Land and Revenue Regulation, 1886, is empowered to issue such an eviction notice and an Assistant Settlement Officer does not come within the definition provided under Section 3[m].

¶4Both Mr. Handique and Mr. Sarma, learned State Counsel have fairly submitted that the impugned eviction notice prima facie appears to have suffered from above deficiencies and in such view of the matter, necessary steps would be necessary to recall the eviction notice. They have submitted that the Assistant Settlement Officer, Balijana Revenue Circle is also the Circle Officer of Balijana Revenue Circle but the impugned eviction notice has been issued in the capacity of the Assistant Settlement Officer, Balijana Revenue Circle only. They have submitted that if the petitioners are in occupation of Government lands, an exercise for eviction of the petitioners from such Government plot of lands will be undertaken as per the prescribed procedure by issuance of a notice afresh, if so advised.

¶5On perusal of the eviction notice dated 28.12.2023 issued by the respondent no. 3, this Court finds force in respect of the three points raised in respect of the said eviction notice. The deficiencies in respect of the impugned eviction notice on the said three counts Page No. 4/4 have also been fairly admitted by the learned State counsel as both Mr. Handique and Mr. Sarma, learned State Counsel have submitted that the impugned eviction notice has suffered from deficiencies at least on the three counts, as indicated above.

¶6In view of the above fact situation obtaining in the case and for the reasons indicated about the deficiencies in respect of the impugned eviction notice dated 28.12.2023, this Court is of the considered view that the writ petition can be allowed without issuance of any notice to the respondents impleaded in the writ petition and at the motion stage itself. As the impugned eviction notice is found to have suffered from deficiencies on three counts, already indicated hereinabove, the impugned eviction notice dated 28.12.2023 is set aside. The writ petition stands allowed to the aforesaid extent. Considering the fact that the petitioners are in occupation of a Government plots of land, the State respondents are at liberty to undertake an exercise for eviction of the petitioners from the said Government land but such exercise must be strictly in accordance with the procedure prescribed by law, more particularly, the Assam Land and Revenue Regulation, 1886 and the Rules framed thereunder.

JUDGE Comparing Assistant

PageoNo.o1/4 GAHC010021142024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/507/2024o JAHADULoHOQUEoANDo4oORSo S/O-oMAJEMoALI,o R/O-oVILL-oHASILAoBILL,o P.O,oP.SoANDoDIST-oGOALPARA,o ASSAM,oPIN-783101 2:oHEDAYAToALIoSARKAR oS/O-oLATEoJOMIRUDDINo oR/O-oVILL-oHASILAoBILL oP.O oP.SoANDoDIST-oGOALPARA oASSAM oPIN-783101 3:oROFIQULoISLAM oS/O-LATEoHASIMOToALI oR/O-oVILL-oHASILAoBILL oP.O oP.SoANDoDIST-oGOALPARA oASSAM oPIN-783101 4:oSURMANoALI oS/O-oLATEoQURBANoALI oR/O-oVILL-oHASILAoBILL oP.O oP.SoANDoDIST-oGOALPARA oASSAM oPIN-783101 5:oSAMSERoALI oS/O-oJAYNALoABEDIN oR/O-oVILL-oHASILAoBILL oP.OoP.SoANDoDIST-oGOALPARA Page No. 2/4 ASSAM PIN-78310 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF REVENUE AND DISASTER MANAGEMENT DISPUR, GUWAHATI, DISPUR- 781006. 2:THE DISTRICT COMMISSIONER GOALPARA PIN-783101 3:THE ASSISTANT SETTLEMENT OFFICER BALIJANA REVENUE CIRCLE GOALPARA ASSAM PIN-783121 4:THE CIRCLE OFFICER BALIJANA REVENUE CIRCLE GOALPARA ASSAM PIN-78312 Advocate for the Petitioner : MR. B D KONWAR SR. ADV. Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY