Najir Islam@Nozrul Islam and 4 Ors v. The Commissioner and Secretary to the Govt. of Assam and 6 Ors

ORDER

24.02.2023

Heard Mr. M.U. Mahmud, learned counsel for the applicants-writ petitioners; Mr. N.K. Dev Nath, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for the opposite party nos. 1 & 5; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the opposite party nos. 2 & 4.

¶2The applicants as the writ petitioners have preferred the connected writ petition, W.P. [C] no. 289/2023. In the writ petition, the applicants as the writ petitioners have inter alia sought for a direction to the respondent authorities therein i.e. the opposite parties herein, to stop the ongoing construction of fishery tank/pond and vacate the land of the petitioners, which have been illegally occupied.

¶3When the writ petition was came up for consideration in the motion column on

19.01.2023, notices were issued to the respondents. The relevant parts of the order dated

19.01.2023 read as under :- " It is projected that the land of the petitioner was dug up under MGNREGA Scheme under Nabagata Simlitola Gaon Panchayat under Matia Development Block and public fishery was created on the petitioner's land and that despite representations, the land of the petitioner was not released. Accordingly, this writ petition has been filed under Article 226 of the Constitution of India. * * * * * The learned counsel for the petitioner has prayed for interim relief. As it is the case of the petitioner that the fishery has been dug up on the land and public fishery signboard has also been affixed, the prayer for interim relief is refused at this stage. However, it is provided that the fishery in question shall be subject to outcome of the Page No.# 4/4 writ petition."

¶4The instant interlocutory application has been preferred by the writ petitioners as applicants on 09.02.2023 praying for issuance of a direction to the opposite parties to stop digging the pond/fishery tank over the applicants' plot of land during the pendency of the writ petition.

¶5As by the order dated 19.01.2023 passed in the connected writ petition, W.P.[C] no. 289/2023, the interim relief sought in similar manner, was refused, the instant interlocutory application preferred again seeking the same interim relief is found not maintainable and accordingly, the same is dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010028372023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/364/2023o NAJIRoISLAM@NOZRULoISLAMoANDo4oORSo S/O.oLT.oKAFILoUDDIN, 2:oMIJANURoISLAM oS/O.oNAJIRoISLAM 3:oAKTARoHUSSAIN oS/O.oNAJIRoISLAM 4:oSAMINURoISLAM oS/O.oNAJIRoISLAM 5:oSAHANURoISLAM oS/O.oNAJIRoISLAM oALLoAREoR/O.oVILL.oBALAPARA oP.O.oSUTARPARA oP.S.oMATIA oDIST.oGOALPARA oASSAM oPIN-783125o(THEoPETITIONERoNOS.o3 o4oANDo5oAREoMINORSoANDoTHEYoAREoDULYoREP.oBYoTHEIRoFATHERoANDo NATURALoGUARDIANoNAMELYoNAJIRoISLAMo@oNOZRULoISLAM oI.E.oPETITIONERoNO.1o VERSUSo THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAMoANDo6o ORSo PANCHAYAToANDoRURALoDEVELOPMENToDEPT.,oDISPUR,oGUWAHATI-06. 2:THEoDEPUTYoCOMMISSIONER Page No.# 2/4 GOALPARA DISTRICT ASSAM PIN-783101. 3:THE PROJECT DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY GOALPARA ASSAM PIN-783101. 4:THE CIRCLE OFFICER OF MATIA REVENUE CIRCLE P.O. AND P.S. MATIA DIST. GOALPARA ASSAM PIN-783101. 5:THE BLOCK DEVELOPMENT OFFICER MATIA DEVELOPMENT BLOCK P.O. AND P.S. MATIA DIST. GOALPARA ASSAM PIN-783125. 6:THE NABAGATA SIMLITOLA GAON PANCHAYAT REP. BY THE SECRETARY OF THE PANCHAYAT VILL. AND P.O. SUTARPARA P.S. MATIA DIST. GOALPARA ASSAM PIN-783125. 7:OSMAN GONI (WARD MEMBER OF NABAGATA SIMLITOLA GAON PANCHAYAT) S/O. LT. MAHALI SHEIKH VILL. SINGRAMARI P.O. SUTARPARA P.S. MATIA DIST. GOALPARA ASSAM PIN-783125 Advocate for the Petitioner : MR. M U MAHMUD Page No.# 3/4 Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY